Alimony

Warning: Facebook rants may affect alimony and child support

Social media, Facebook in particular, has become an integrated part of the lives of many Massachusetts residents. Some of us have become so accustomed to sharing our lives online that we update and post almost automatically, with very little thought given to what could happen to that information once it is out of our hands. However, when it comes to issues surrounding one’s divorce, posting is not the best policy, and can actually have serious ramifications for issues such as child support and alimony. Even if you think that your former partner does not or cannot see your Facebook activity, this is not the place to air your grievances about the marriage or divorce. If you make comments online that can be proven false, such as claiming that your ex is not meeting his or her child support obligations, the other party can sue you for libel. Also consider the long-term ramifications; if you post negative things about the other spouse and he or she loses a job because of it, their ability to pay child support or alimony could be severely limited, and they could approach the court to ask for a reduced amount. Another thing to remember is that Facebook is forever. What you write, can almost always be recovered and brought to the attention of a court, even if you have erased it from your news feed. That heightens the risk that a child may one day read the negative things you said about the other parent.

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Recipients of alimony should pay attention to term life insurance

In many divorce agreements, one spouse is ordered to pay alimony to the other. When this is the case, the divorce agreement usually includes a provision that requires the spouse who is responsible for making the alimony payments to obtain and maintain a predetermined amount of life insurance that will protect the financial structure of their former spouse in the event of death. However, as is the case with so many portions of the divorce agreement, fulfillment of this provision extends far beyond the finalization of the Massachusetts divorce. When the dust of the divorce settles, some individuals find that their former spouse is unable to obtain the required level of insurance. This can come about due to health issues, or if the former spouse allowed his or her policy to lapse and is now unable to renew as a result. In such cases, it becomes difficult or even impossible to resolve the issue, which could have a big financial impact of the spouse who is receiving alimony. Financial advisors note that the time to address insurance issues is before the divorce is final, during the negotiation stage. The first step is determining the correct level of insurance needed, and then checking that your spouse’s current policy is sufficient to cover all of the obligations that would exist if he or she were to die before those obligations were satisfied. You can also ask the insurance provider to notify you if the premiums are not paid. Perhaps the best insurance

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A greater number of women are paying alimony to their husbands

Alimony and child support in the past has been traditionally seen as something that men pay to their ex-wives. In this traditional role, women were expected to stay at home and take care of the children, and thus needed to be financially supported after a divorce. However, with gender equality becoming more widespread in Massachusetts and elsewhere, alimony and child support are now awarded to the husband in many cases. A nationwide study shows that divorce lawyers across the United States, including in Massachusetts, have seen an increase of women who pay alimony or child support to their former husbands. Around 56 percent of divorce lawyers report that they’ve seen more women paying child support and 47 percent report a higher rate of women who pay alimony to their former husbands. The reason behind this shift is simple: as women take over the financial responsibilities that were once the sole responsibility of men, courts are holding them to the same responsibilities that husbands alone used to face. This is especially true as many women are able to find higher paying jobs than their husbands in this bad economy. As can be imagined, not all women are happy about having to pay either alimony or child support. In several high-profile cases, several women had bitter disputes in divorce courts over this matter. However, even though many women can feel unfairly treated as they are ordered to pay alimony and child support, this shows a huge step for gender equality has happened.

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Private eyes get involved in Massachusetts alimony cases

For Massachusetts residents who are receiving alimony checks, it may be a good idea to look around your surroundings a little bit closer. Someone may be watching you. Interestingly enough, your behavior could have an impact on the status of the alimony payments you currently receive. In the past, alimony payments could be stopped when the ex-spouse who received payments was remarried. However, with shifting societal attitudes toward marriage and relationships, many unmarried couples live with each other and some couples never intend to get married. This, in turn, could cause problems for ex-spouses who are ordered to pay alimony to their former spouses who may be living with another partner without the intent to marry. Massachusetts Governor Deval Patrick signed a bill into law that included provision that says that if the former spouse who is receiving alimony is proved to be living with another adult, a family court judge has the option to decrease, suspend or end alimony payments. However, when the governor signed this bill in late 2011, he probably had no idea that the new law would create a boom for private investigators. Because of the rules, those who believe their alimony payments are unfair have the ability to hire a private investigator to determine their former spouse’s relationship status. At the moment, there is a lot of discussion as to whether or not these practices are ethical. Yet there is currently nothing that makes the use of private investigators in alimony disputes illegal, so courts

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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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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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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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Florida alimony under attack in state legislature

Florida alimony laws may be tumbling down like London Bridge. Not long ago the state legislature passed a new law that essentially reserved permanent awards of alimony for long-term marriages ending in divorce. Now there is a move underfoot to limit it further by abolishing permanent spousal support. These changes reflect a groundswell across the country, led by reforms of antiquated laws in Massachusetts and attempts to do so in New Jersey. The new Florida bill pending in the House of Representatives would award alimony based on the length of the marriage but would terminate on the retirement of the paying partner. One man who was required to pay lifetime alimony after a marriage of 14 years is part of the Florida Alimony Reform group, which has redoubled its efforts for change after passage of the reforms in Massachusetts. The group argues that, if the proposed law passes, those currently subject to onerous spousal support awards should be able to go to court to get their orders amended. But others suggest Florida is a more conservative state than Massachusetts and unlikely to go to the same extent in amending its laws. While there appears to be general agreement that reform is needed, some argue that any change should not hurt homemakers who stayed at home to raise families instead of pursuing careers. While it remains to be seen how the issues will be resolved, those facing spousal support issues would do well to consult an attorney experienced in all aspects

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