Alimony

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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Drawn-out, contentious high net-worth divorce finally settled

A high net-worth divorce case can be one of the most complicated cases for Massachusetts couples. In some cases, there are things which a partner is willing to part with easily. However, when the assets to be divided are substantial, as is the case for one couple, a high net-worth divorce case can quickly become more complicated and can take more time to determine the particulars. The couple was married for 15 years before deciding to split. After filing a divorce petition in October 2007, they began to confront the division of their assets they accrued over their marriage. In total, they had an estimated $71 million in assets. At first, it seemed as if separation, though not an easy task, would be relatively straight-forward. However, as the couple continued negotiating, they encountered certain problems. For instance, several allegations surfaced that the wife allegedly had an affair and purportedly was involved in illegal investigations. However, these and other issues were apparently resolved in a settlement, and it is said that the divorce will finally move forward. By April 2012, they had successfully split $46 million, or 70 percent of their assets and are currently discussing lingering money disputes. High net-worth divorce cases can be emotionally draining and understandably expensive for any couple, whether in Massachusetts or elsewhere. For those involved, an attempt to openly communicate with one another may pay dividends by reaching a reasonable settlement of all outstanding issues. In this way, even though the decision may be difficult

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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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Woman to pay alimony to ex-husband doing time for raping her

A lot of Massachusetts residents were outraged to learn of a bizarre twist in California law that is forcing a sexually assaulted woman to pay alimony to her incarcerated ex-husband. A judge there has ordered the 39-year-old woman to pay spousal support in the amount of $1000 a month to the man who raped her once he is released from prison. In addition, the woman must also pay an estimated $47,000 in legal fees that her husband spent in order to win the alimony case. The California judge who made the ruling has said that under current California family law, he had little other recourse. His ruling, he said, was made because the man had not tried to kill the woman, which is the only time alimony is not justified. What discretion he had he used to side with the ex-husband, stating that the 12-year marriage and the fact that the wife made more money helped him to come to a decision. The ex-husband is scheduled for release from prison in 2014, and it is at that time that the woman would have to begin making alimony payments to him. Whether one agrees with the judge in this case or not, the story illustrates how alimony and spousal support can become complicated issues. Massachusetts residents who may be in need of their own divorce and alimony resolution may wish to work with a legal professional skilled in family law. Divorce and alimony issues do not have to become this complicated.

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New Massachusetts alimony law places restrictions time periods

On September 26, the Governor of Massachusetts signed a new law setting limits on alimony and providing guidelines for its determination in divorce proceedings. Previously, judges were permitted to award lifetime alimony regardless of the length of the marriage, a practice that was at odds with most other states. Indeed, the payments were often ordered to continue even after retirement and without regard to circumstances where the former spouse was living with a new partner. The new law significantly caps alimony by placing limits on the number of years a former spouse can receive payments, based on the length of the marriage. A marriage of five years or less, for instance, could result in an award of alimony up to half of the length of time the couple were actually married. At the other end of the spectrum, a marriage lasting 15 to 20 years could result in an award of alimony of up to 80 percent of the time married. The law will now end alimony payments upon retirement for most cases, a significant deviation from the old practice which prevented many from entering into retirement at all. Supporters of the new limits feel that the changes provide a safeguard for many men who are unable to modify their spousal support and ultimately end up in financial ruin. Observers note that many other states do not have specific time limit guidelines for alimony and suggest the Massachusetts law could instigate a national trend. Some believe the law could be

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