Massachusetts rolls out new alimony reform laws

As of March 1, 2012 the newest alimony reform went into effect in Massachusetts. Many divorced couples are now checking their divorce papers in order to try to figure out if the new laws could apply to them. Other couples contemplating divorce are also curious as to how the new changes could impact their divorce going forward. But, if you are paying alimony at this time, don’t jump the gun just yet. Those payors must wait until Mar. 1, 2013 before a modification can be filed with the court. Many others may have to wait as long as Sept. 1, 2015 before they can file a change in their current alimony. Regardless, many are wondering, what changed? Key requirements of the new law take into account the length of the marriage. Depending on how long the couple was married is directly related to the percentage of time alimony will be paid. For example, if a couple was married for a total of three years, alimony is limited to 50 percent of the number of months married. In this instance, the total alimony duration would be 18 months. Additional breakdown of durational limits are as follows: 10 years but more than 5 years = 60 percent of the number of months married 15 years but more than 10 years = 70 percent of the number of months married 20 years but more than 15 years = 80 percent of the number of months married It’s important to note however, that the

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Boston residents watch other states’ same-sex marriage trends

A news story on the minds of Boston residents this week is the newest win for gay rights activists in the neighboring state of New Jersey. In fact, the upcoming decisions made in these other states matters when gay couples move from one state to another in the U.S. This is particularly important as more states recognize same-sex divorce along with marriage rights. Right now, six states, including Massachusetts, recognize same-sex marriages. This New Jersey development comes as more states grapple with what legal rights to award non-traditional couples. According to a Reuters’ report, the legislature in New Jersey legalized same-sex marriage earlier this week. Next, the New Jersey gay marriage bill goes to the governor, a person who could be considered for a vice-presidential bid later this year. Governor Chris Christie, a Republican, has promised to use his governor’s veto on this bill. This may be a setback for gay rights in New Jersey. The vote was passed in a majority of 42 to 33. However, Boston readers should note that the two chambers of the state assembly do not have the two-thirds majority of votes that would be required to override a gubernatorial veto. In related news, Maryland’s House of Delegates postponed until late Feb. 16 a debate on the “Civil Marriage Protection Act,” which has the sponsorship of the liberal governor, Democrat Martin O’Malley. This bill already passed with enough votes in two committees, but not the entire House. Gay rights activists are also watching the progress

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Yankees Manager Headed for a Divorce

Residents of Massachusetts might be interested to know that the rival of their popular baseball team, the Boston Red Sox, experienced some sad news on the divorce front this week. The wife of the general manager (GM) of the Yankees, Brian Cashman, has filed for divorce, says a recent report from the Associated Press. The GM’s soon-to-be-ex wife filed papers for divorce in Stamford, Conn. No doubt after the divorce proceedings progress, more facts will filter to the public. It is unknown at this time if spousal support will be pursued by Cashman’s wife. This move to file for divorce, which is likely to be like other high asset divorce cases that consider the financial needs of the couple, occurs only one day after prosecutors charged another female with stalking the Yankees GM and trying to extort money from him regarding an affair outside the marriage. This news report indicated that Mary Cashman’s lawyer offered no comment and that Brian Cashman’s lawyer also had nothing to say about the case. According to the report, the name of the woman who was charged with harassing Cashman had threatened to damage his public image if he did not fork over thousands of dollars. The lawyers for the accused woman also denied this allegation, claiming that Cashman changed when the relationship between them had soured. It remains to be seen whether future developments in the Brian and Mary Cashman divorce case will shed more light on any relationships that might have existed between

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State’s marriage equality follows Massachusetts’ example

Residents of the state of Massachusetts might be surprised that, when the Washington state legislature last considered the issue of gay marriage, its response was to ban the institution. That ban has not stopped issues related to gay rights from resurfacing in the state. More than a decade later, the state lawmaking body is considering this issue again. This news comes after other recent legislative efforts in the last few years that have granted more rights under the law to gay and lesbian partners. If gay marriage legislation passes this year, the state of Washington would become the seventh state, in addition to Washington, D.C., to make same-sex marriage into a legal institution. People who are following this issue nationwide should know that these bills are being advanced by gay lawmakers, intent on making legal strides for citizens of Washington. Before gay and lesbian couples will be able to celebrate the legalization of same-sex marriage in Washington, these bills must go through the legislative process. First, these bills will be heard in a public hearing in their respective House and Senate committees. The spokesman for the Human Rights Campaign, Michael Cole-Schwartz, gave this remark: “If there’s one word to sum up where Washington is on marriage equality, its momentum.” Washington could follow the example of Massachusetts, which has already legalized gay marriage. Other states that have legalized this right for same-sex couples are: Connecticut, Iowa, New York, New Hampshire, and Vermont. More information about same-sex couples’ rights, including how to

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Vanessa Bryant scores big in her divorce from Kobe Bryant

A recent article discusses the high-asset divorce of Kobe Bryant from his soon-to-be ex-wife. As Massachusetts residents know, divorce settlements can be tricky. Even so, the process has been a financial success for the basketball player’s former partner. According to reports, Vanessa Bryant will come away with three Newport Beach mansions. However, the homes are just a portion of it. A source says that she will receive around $75 million in the divorce settlement. This is half of the couple’s high net-worth. The celebrity couple did not have a prenuptial agreement. Because California is a community property state, Vanessa may have a right to half of Kobe’s earnings during their decade-long marriage. The NBA player is reported to make around $25 million this year. In addition to financial matters, the separation contemplated the fate of the couple’s children. Child visitation and custody issues are a recurrent theme in many divorces. The result of arrangements can impact a child’s life. Vanessa requested joint custody of the couple’s two daughters. She also asked for spousal support. In any event, a source reports that the couple recently reached a settlement out of court with help from attorneys. As one can see, the division of assets can be complex–especially in marriages with an abundance of marital property. Also, the separation process can impact the kids’ living arrangements. Fortunately, with legal assistance, Kobe and Vanessa Bryant reached an amicable agreement. If you are struggling with a complicated separation or divorce, you may also want to

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Lifetime alimony: Is it time for the laws to be updated?

The hard felt economic downturn has affected everyone in the country at some level. Particularly hard hit are a number of individuals in New Jersey who at one time or another were ordered to pay their former spouse lifetime alimony. This disparity has primarily impacted men who over 30-years-ago, when the law was first adopted, were the principal wage earner for the household. At that time, most women were responsible for managing the home and caring for the children. But, today, the roles of men and women in the workplace have changed dramatically. Yet, the existing spousal support laws have yet to catch up with the modern day norm. It is this current imbalance that has precipitated New Jersey groups to garner the attention of some of the state’s politicians. The problem is this, the lifetime alimony laws do not take into account changes in circumstances, like a decrease of income, without a successful petition to the court. With many baby-boomers entering into retirement, those individuals responsible for paying lifetime alimony may not be bringing in the same amount of income as they did the time the spousal support was ordered. This shift in income is causing many payors to slip further into dire financial situations such as bankruptcy and foreclosure. Still, they are responsible for keeping up with their spousal support payments. Nine states such as Arizona, California, Louisiana and Wisconsin are considered community property states — under most circumstances everything is split equally. Massachusetts got rid of their

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Boston father fights to retrieve sons from Egyptian mother

For divorcing couples in the same city or state, coming to terms with shared parenting can be difficult. However, those challenges can increase dramatically for couples from different countries. For one Boston father, his concerns for his sons’ safety and well-being are in the forefront for many politicians aiding the father in his efforts to retrieve his two sons from Egypt after they were illegally taken from the country by their Egyptian mother. And this father is not alone in his plight. He is one of many U.S. fathers caught up in the wake of international child abductions, fighting to regain custody from countries such as Japan and Egypt, that do not acknowledge the Hague Convention. In 2008, the Boston dad was granted sole legal custody of his sons when he and his ex-wife divorced. The boys’ mother has dual citizenship; British and Egyptian. She was only given limited visitation, initiating the catalyst towards the subsequent kidnapping. Prior to picking up his sons from visiting their mother in 2009, he received a phone call telling him that his sons had been taken to Egypt. The mother had acquired false passports for the boys. Divorced parents are required to provide dual parental consent forms prior to traveling with children overseas. However, EgyptAir states that they only are “required to review passports” and that due to the lack of support staff cannot contact “non-traveling” parents to confirm international travel plans with them. Sadly, since 2000, international child abductions have tripled in the

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Same-sex divorce bill in D.C. closes unfair loophole

Massachusetts residents may be interested to know that pending legislation in the District of Columbia is designed to offer protection to same sex couples who married in the District and want to divorce, but now live in a state that does not recognize the marriage. To date, in addition to the District of Columbia, six states allow same-sex marriage. The proposed bill is titled the Civil Marriage Dissolution Equality Amendment Act of 2011 and is expected to come to a vote in early 2012. In effect, it allows same-sex couples no longer living in Washington, D.C., to process their divorce there under certain conditions. Previously, the law required that one party to the marriage live there for at least six months prior to filing for divorce. The bill was cosponsored by eight of the D.C. Council’s 13 members. It is considered necessary because states that do permit same sex marriages have no mechanism for providing a divorce between a couple lawfully married in another jurisdiction. For the law to apply, the couple must have been married in the District. Since so few states currently provide for same-sex marriage, the District of Columbia appears to offer an important safeguard for those wishing to divorce. The law in this area is constantly changing, and those affected would likely benefit from consulting an attorney experienced in family law and procedures as they apply to same-sex marriage. In enacting the proposed legislation, the District will be closing a loophole that seemingly leaves some same-sex

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