News

What will happen to my inheritance during the divorce?

In Massachusetts, any and all assets held by either party are subject to an equitable division between the parties at the time of divorce. This includes assets that were inherited by either party. In determining an equitable division of inherited assets, the Judge will consider: the size of the inheritance, when the inheritance was received,…
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Alimony Modification Limited for Some Long Term Marriages

The Massachusetts Supreme Judicial Court (SJC) recently decided three alimony cases dealing with divorce agreements/judgments that preceded the date the MA Alimony Reform Act went into effect on March 1, 2012. In all three cases, there was a request to terminate the alimony obligation because the new law changed the payor’s obligation to continue payment…
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Alimony Modification: Second Job Excluded from Calculation

A new Massachusetts alimony case was released by the Appeals Court on December 30, 2014 and shed some light on the modification of alimony.  The Vedensky case involved a highly educated couple with significant earning capacity who divorced by agreement in 2006.   The parties’ divorce agreement had terms that included both parties waiving any right…
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Prenups: Appeals Court Reaffirms “Second Look” Requirement

On January 21, 2015, the Massachusetts Appeals Court reaffirmed the 'second look' requirement with respect to the enforcement of prenuptial agreements. In the Kelcourse case, the Appeals court reaffirmed the requirements for a prenuptial agreement to be enforceable in Massachusetts; specifically, it must have been valid when executed and must be conscionable at the time of divorce.  The…
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