Pierce Redux
While we’re all waiting for the Legislature to act on the new alimony bill, it pays to remember that Pierce is still good law. The controversial 2009 decision held that a modification or termination of alimony should not be solely premised on a supporting spouses retirement. A recent appellate decision clarifies Pierce further. A sixty-five ...
Continue ReadingCan Estate Planning Prevent Divorce?
Estate planning is essential in order to properly plan for illness and aging so that the best option is not divorce or reducing the couples assets so they can qualify for Medicaid.
Continue ReadingSame Sex Partnerships in Marriage and Estate Planning
In the following posts, Massachusetts divorce lawyer Jon Fields and Massachusetts estate planning lawyer Sheryl Dennis respectively examine some off the issues pertaining to Massachusetts same-sex couples: http://www.bostondivorceandmediationlawyers.com/2011/02/how-will-dont-ask-dont-tell-repeal-deal-with-massachusetts-same-sex-marriage/; http://www.estateplanninginmassachusetts.com/2011/02/same-sex-couple%E2%80%99s-guide-to-estate-planning/
Continue ReadingWife’s Misconduct Results in a Disproportionate Asset Split or Conduct Counts if it’s Really, Really Bad
Conventional wisdom has it that bad conduct doesn’t really matter in an equitable division case except to the extent that it has a financial impact. Tell that to Donna Wolcott. One night in 2006, while Mr. Wolcott was ill and in a “weakened state,” Mrs. Wolcott plied her usually-abstinent husband with alcohol, causing him to ...
Continue ReadingGotta Getta Get? Sign a Prenuptial or Postnuptial Agreement First.
Under Jewish law, to remarry in an Orthodox or Conservative synagogue, you need a Jewish divorce – a “get.” The problem is that, with narrow exceptions, the man’s permission is required. So, even when a woman is legally divorced in the eyes of the state, she cannot remarry in her faith when the ex-husband refuses ...
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