Boston Divorce Law Blog

Pursuant to M.G.L. ch. 208, section 54, if the payor spouse remarries, the income and assets of the payor's spouse shall not be considered in an action to modify alimony.  It is understandable that the Court is reluctant to impose a duty on the new spouse to contribute to the payor's alimony obligation.  However, it is important to note that if the payor's spouse significantly decreases payor's living expenses, the payor has a greater ability to pay alimony to his/her former spouse. Unfortunately, the language of the statute may hinder discovery with respect to the finances of payor's spouse, which directly relates to the ability of the payor to pay alimony to his/her former spouse; a factor still considered by the Court. 

On Tuesday, Delaware became the 11^th state to recognize a right of same-sex couples to marry, reports the  USA Today.  The state House approved the bill two weeks ago, and after lengthy debates passed by a 12-9 margin in the state Senate.  Governor Jack Markell signed the legislation into law shortly thereafter.  That it passed over the objections of its opponents  was less surprising than how quickly the legal landscape has changed for Delaware's same-sex couples.   Delaware began recognizing same-sex civil unions in 2012.  Though the civil unions provided the same rights and benefits as marriage, proponents of the marriage bill argued that creating a separate class of union compromised the respect and dignity of same-sex couples. 

High asset divorces draw the attention of people in Massachusetts, simply due to the fact that a lot of money is at stake. One such case is the divorce of Brian France, the chairman of NASCAR.

Previously, the documents surrounding his divorce were sealed. This may have been due in part to the veil of secrecy that has been cast over the finances of NASCAR in the past. But now, that veil is gone due to a case filed by media outlets seeking to have the documents opened to the public. Five years after a motion requesting this was filed, the 1,500 pages of documents have been unsealed. The knowledge of the divorce and an accurate net worth of France are available to the public.

In Massachusetts, a person can file for divorce based on the fault-ground of utter desertion continued for one year. In order to be divorced on this fault-ground, you must prove to the Judge that your spouse left home voluntarily, without justification, and without the intention of returning. Additionally, you must prove that you did not consent to your spouse leaving and that your spouse has not lived with you for at least one (1) year prior to the date that the divorce complaint was filed.