alimony

Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.

DadsDivorce Live: Ask A Lawyer: Alimony For A Cheater?

Dec 18, 2008

Divorce attorney, Dan Cuneo, JD (Cordell & Cordell, PC) answers your "Ask A Lawyer" questions.

How will the courts deal with the awarding of maintenance when one of the main reasons for the divorce was an affair?

What if she refuses to work? How can you prove if she is able to earn her own living and how much she is expected to be making?

Cache Counsel: Prenups

Oct 20, 2008

by Joseph Cordell, JD, CPA, LL.M

Joseph Cordell lays out the fundamentals of Estate Planning, with fresh tips that will help you plan for the future. In this episode you will learn about using a prenuptial agreement in an effort to protect your assets. From our video series, Cache Counsel: Executive Asset Protection. 45 minutes. Click "Read More" to see the video.

DadsDivorce Video: Divorce and Children, part 1

Oct 08, 2008

Attorney Angelyn Zimmerman discusses divorce and children in this episode of DadsDivorce Live, Angelyn answers questions submitted to our site. Topics include changing child support after a new wife is expecting a new child; moving out of state, and other topics. Check out the video after the jump.

Ask a Lawyer: Termination of alimony due to cohabitation

Jun 05, 2005

Question:

My ex-wife is selling the home and moving, with children, to a new, bigger, more expensive place with her boyfriend. She plans to permanently live there but not get married in order to continue to receive alimony. Other than simply being unethical, can I do antthing about it in the state of MA if its not in the divorce agreement?

Answer:

I cannot answer your question specifically to the laws of MA as I am not licensed in that State. Generally, maintenance (alimony) is modified upon a showing of a substantial and continuing change of circumstances. The basic idea of maintenance is that she cannot meet her reasonable needs and expenses. You can attack that claim on the income side or that her expenses are unreasonable. If she has a boyfriend residing with her, he must be sharing the expenses. Her mortgage and utilities should be cut in at least half depending on the boyfriend's income. You can also look a the income side. Some jurisdictions place a burden upon the person receiving maintenance to make reasonable attempts to progress toward self-reliance. I would assume that your ex-wife is not working? Finally, some jurisdictions consider a cohabiting person to be in a similar situation as a married individual and will terminate maintenance automatically.

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Ask a Lawyer: Diability Insurance Money

Nov 29, 1999

Question:

Are payments from a private disability insurance considered as part of a settlement? I had to sell my practice due to disability. I receive a monthly payment from insurance for the rest of my life. Is my wife entitled to a portion of this income?

Answer:

It depends. Will your wife ask for alimony/maintenance? If so then the disability may come into play as to whether you are able to pay her maintenance. Otherwise, generally disability is not considered property for purposes of division of assets. The proceeds from the sale of your practice would be viewed differently though.

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