Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Am I Taxed on Property I receive in My Divorce?
As I've previously discussed on this blog, taxation is relevant to divorces in three main categories. The first relates to support, including child support and alimony. The second is about property distribution, called equitable distribution in Massachusetts. The...
Bankruptcy and Its Impact on Divorce
This past week, I attended a two-day training by the American Academy of Matrimonial Lawyers. It covered various topical issues in our profession. Programs like this are always great to refresh memory regarding issues we don't necessarily deal with in every case. One...
How does Property Distribution Work in a Massachusetts Divorce (in Plain English)?
Massachusetts has long adopted the equitable distribution approach to property division in divorce. Equitable distribution is the most popular approach in the United States, with a primary focus on achieving "equity" or fairness. How fairness is determined, however,...
Is a Trust Interest Part of the Marital Estate?
Is a trust interest part of the marital estate? The Massachusetts Supreme Judicial Court recently answered this question in Pfannenstiehl v. Pfannenstiehl. In this important case, the court concluded that the distribution of a trust as "marital property" depends on...
Child Support End When My Child Goes to College?
In Massachusetts, the short answer to the question above is probably—but not necessarily. Under Massachusetts General Laws Chapter 208, Section 28, parents must support children aged 18 to 21. This applies if the child lives with a parent and depends on them for...
Can I Lower My child Support if I deviated from the Guidelines?
People settle their divorce and child custody cases, resolving many issues in the process. Child support must be calculated whenever there are minor children involved, or emancipated children up to the age of 23. This applies if they are dependent on the child support...
Is a Lawyer Needed for a Prenuptial Agreement?
Prenuptial or premarital agreements have become more popular in recent years for a variety of reasons. With the shrinking middle class, many entering their first marriage expect significant inheritances or gifts from parents. People entering second marriages often...
Relocating with a Child Out of Massachusetts
Those of us living in the Northeast tend to have a certain pride about where we come from. If you're from Massachusetts, you likely take pride in your roots and current home. It surprises many Bostonians when, during a custody case, one party requests court permission...
Length of Marriage for Alimony Purposes
The Massachusetts Supreme Judicial Court weighed in today on how to determine the length of a marriage for the purpose of establishing an alimony award when the parties have married, divorced, and then remarried . . . and then divorced again. Yes, this actually...
Should I Handle My Own Divorce?
I am a bit biased on this issue. This bias is likely to be expected. I'm a divorce and family law attorney I believe my knowledge and experience are invaluable when it comes to handling your own divorce. However, I also recognize that everyone, myself included, faces...