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Alimony Modification Limited for Some Long Term Marriages

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

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

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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Filing tax returns and head of household status

Filing tax returns and head of household status
Prior to your divorce becoming final, parties to a pending divorce are still considered married in the eyes of the IRS. Therefore, a divorcing couple has two options with respect to filing their income tax returns: 1) the parties can agree to file joint income tax returns; or 2) the parties must file their income…
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