Divorce Law Monitor

  • Making Sense of Recent Law ChangesJanuary 02, 2018

    Happy New Year, all! May 2018 bring you health, happiness, and prosperity.

    The federal Tax Cuts and Jobs Act, in conjunction with Massachusetts’ Alimony Reform Act, will bring the Commonwealth’s divorce practitioners and their clients a certain amount of confusion.

    Prior divorces and divorces with agreements completed in 2018 will not be affected. But most divorces take longer than a year to complete, and thus, many folks filing in 2018 will be impacted by the changes.

    The new federal law eliminates the deduction for alimony in divorces occurring after December 2018. Every previous settlement contract (and judicial divorce decision) was negotiated with consideration of the alimony deduction. It enabled the parties to save some of the money that would otherwise have gone to the government in taxes.

    The Massachusetts Alimony Reform Act was written with these tax implications in mind. The percentages of alimony to be paid (30% to 35%) reflect the deduction to the payor, and are, therefore, higher than the child support calculation.

    Both of these are laws, and the federal supersedes the state. As a result, real inequities to the payor spouses will exist if the legislature does not find a way to make … Keep reading

  • Divorcing a NarcissistDecember 19, 2017

    Life with a narcissist is often destructive, demeaning, and difficult. In fact, being with that person can make it nearly impossible for you and your children to not lose yourselves entirely. Unfortunately, divorcing a narcissist is a complex and frustrating battle that can frequently feel like reliving the worst moments of your marriage.

    In general, divorce requires defensive thinking. Divorcing a narcissist requires more. You have to think through what he may do (I say “he” because male narcissists outnumber females by 2 to 1) and you have to figure out how to let him believe he has won. Not an easy, quick, or inexpensive process.

    The majority of divorce cases (approximately 95%) settle. Ones involving a narcissist typically do not. The path to finality is filled with unnecessary battles. In most cases, discovery of a spouse’s finances is relatively straightforward. Not so with a narcissist. There will be multiple trips to court necessitated by his focus on control, making the process costly and painful. There will be fights over children…

    In the end, I have come to believe, through post-divorce friendships with my clients, that those fights are worth it – that being able to lead a … Keep reading

  • Three Tips to Help You Navigate the HolidaysDecember 05, 2017

    When you are divorced with kids, Christmas and Hanukkah can become minefields that make previous family headaches look simple. But there’s good news: There are a number of steps that you can take ahead of time to make things better for everyone involved.

    It pays to go into the holiday season with a plan. This year, I’m offering three helpful tips that will allow you to do just that.

    1. Remember and enshrine the idea that the holiday isn’t about you. It’s about making it calm, fun, and memorable for your kids. First, work out the parenting strategy in advance, and let the kids know what is going to happen and when. Make sure you don’t convey to the kids that you are going to be lonely without them. Figure out what you’ll be doing, tell your kids, and let them know that you will have fun and be fine—and that they should have fun and will be fine with the other parent. Kids pick up on emotions very easily and tend to feel responsible for a parent’s happiness in divorce. There is a pretty general standard plan when dealing with Christmas parenting time, assuming the kids aren’t
    Keep reading

  • How Much Alimony Does a Spouse Need?November 14, 2017

    The alimony statute in Massachusetts provides that the amount of general alimony shall generally not exceed the recipient’s need or 30 to 35 percent of the difference between the parties’ gross incomes. It has long been the rule that the standard of need is measured by the “station” of the parties — by what is required to maintain a standard of living comparable to the one enjoyed during the marriage. The Supreme Judicial Court has provided further guidance in the decision of Young v. Young.

    Derek and Joy Young had been married for 24 years when Mr. Young filed a Complaint for Divorce. Mr. Young worked as an executive, and his compensation consisted of base salary, cash bonus, stock options, investor equity units, share plans, and opportunities to purchase common stock at a discount. Mr. Young earned a substantial income, but the amount varied widely year to year. The parties enjoyed an affluent, upper-class standard of living during their marriage, which included an eight-bedroom residence, luxury vehicles, a summer home, and expensive vacations.  After trial, the Court ordered Mr. Young to pay alimony to Mrs.Young of 33% of his gross annual income. The trial judge determined it was … Keep reading

  • Tricky Halloween ParentingOctober 27, 2017

    When I was a child, Halloween was the day my father came home from work early to walk my sister, brothers, and I around the neighborhood in the costumes my mother made. Store-bought costumes were out of the question. The rule was that all homework had to be done before we could go out. While my dad walked up and down neighbors’ driveways with us, my mother stayed home to hand out candy that she stockpiled in a big ceramic pumpkin. My mom loved to see all of the costumes on the children who came to the door. When we got home, she checked our loot for anything suspicious, which also gave her the chance to steal those Nestle Crunch bars she coveted.

    Families have different rules and traditions surrounding Halloween. But when parents decide to separate and divorce, things inevitably change. Some parents hold tight to try to keep traditions alive, while others seek to immediately change things. Parents often cannot agree on who will buy the costumes and who will take the children trick-or-treating. Sometimes, parents insist that they both walk around with the children, which is good solution in situations that are truly amicable, but creates … Keep reading

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