Divorce and Family Law Blog
Divorce & Family Law Information, Answers, and Analysis from Experienced Massachusetts and New Hampshire Divorce & Family Law Attorneys
Alimony Law Change: Marital Practice of Saving Can Be Factored into Alimony Award
The Massachusetts Supreme Judicial Court ("SJC") recently decided Openshaw v. Openshaw, a case that changes how we think about alimony specifically in regard to the need for support to accumulate savings. The issue in Openshaw was whether a probate and family judge...
Valuation & Division of Appreciated Property in Divorce: New Case Spans Decade
The valuation date for marital property can be a significant issue in a divorce because asset value is rarely static. Oftentimes, property appreciates after the separation or divorce process has commenced and before the divorce is final. When there are larger assets,...
Good Faith Covenant in Divorce Separation Agreements: MA Attempted Murder Case
The Massachusetts Appeals Court recently decided Rabinowitz v. Schenkman, a case with shocking facts. The parties in Rabinowitz, former spouses, executed a separation agreement, which a probate and family court judge approved and incorporated into a 2014 amended...
Valuation of Foreign Assets in Divorce: New MA Appeals Court Case
The valuation of real estate and other assets is an issue that arises in divorce--and it's often a contentious one. In a divorce, the Probate and Family Court judge needs a complete picture of the parties' assets and the assets' value to determine an equitable...
Does an Arbitrator Have the Final Say? New Massachusetts Appeals Court Case
Arbitration is a type of alternative dispute resolution. It's a way to resolve a case outside of the litigation process. Through arbitration, a third-party neutral (the arbitrator) decides specific issues in a case, or the entire case, after considering evidence,...
Is the Prenuptial Agreement Enforceable? New Case
A prenuptial agreement can eliminate much of the guesswork from the divorce process and save divorcing spouses time and money. Also known as an "antenuptial agreement" or a "prenup," it is a written contract engaged couples sign prior to marriage that clearly outlines...
Division of the Marital Home Restrictions: New Case
What to do with the marital home can be a major point of contention for divorcing spouses. Some spouses decide to sell the marital home and split the proceeds. Others decide that one spouse will keep the home after the divorce and buy the other out of their interest...
New Restraining Order Case: Child Support in District Court
We've encountered this issue repeatedly. A parent seeks a 209A restraining order in the District Court. Notice is given to the alleged abuser that the District Court will hold a restraining order hearing. At that hearing, the parent seeking the order asks for child...
Protect Retirement Accounts in a Divorce
Financial security in retirement takes years of planning and saving. Married couples may do this retirement planning together. Perhaps each spouse has their own retirement account or pension. Or maybe one spouse is a stay-at-home parent or cannot work. So, the couple...
Unallocated Support Modification: ‘Duval’ Case
The Massachusetts Appeals Court recently decided Duval v. Duval. This case deals with the modification of an unallocated support order. While a court may order alimony to support a former spouse and order child support for the care of the parties' children,...