By: Jennifer Silva, Esq. This week, we received further insight from the Supreme Judicial Court regarding the constitutionality of the Alimony Reform Action of 2011 (“The Act”); specifically, with respect to the application of the durational limits of The Act to merged alimony agreements that predate The Act’s effective date. In the Van Arsdale case,…
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Bankruptcy and Support
By: Christina Pashou, Esq. Under Massachusetts Law, support to one’s family, whether child support or alimony, cannot be discharged in either Chapter 7 or Chapter 13 Massachusetts bankruptcy filings. If you are owed child support or alimony, pursuant to a divorce separation agreement, and the other party files for bankruptcy, it is imperative that you know…
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Part III Divorce Basics: To Mediate or Not to Mediate…That is the Question
One of the first questions you should ask yourself once you have decided to get a divorce, should be whether or not mediation could work for you and your spouse. Choosing the mediation route involves jointly hiring a neutral mediator to help facilitate solutions to any sticking points between you are your spouse. The mediator…
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Part II Divorce Basics: Marital Property
Marital property has a different definition, depending on which state you reside in. Where you live impacts how assets and debts will be divided in your divorce. How does the Court divide marital property? There are two types of property division: Community Property and Equitable Division. . Some states are considered “Community Property” states, and…
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