Marriage is a wonderful thing, creating a legally-recognized union between two people who love each other, and are committed to providing for and caring for one another for the rest of their lives.
But while marriage can be, and often is, terrific, there are many issues that can surface over the years of a couple’s life together. Sometimes, these issues are significant enough that the couple decides that terminating the marriage is the best decision for both moving forward.
In nearly every court where child custody is an issue or where a child’s welfare is being considered, a judge will use the standard of “best interests of the child” in crafting an order. Generally speaking, this means that the court will consider the child’s well-being as paramount over the interests of the parents.
Child custody is the typical subject where the ‘best interests of the child” standard is used. Some states, like Massachusetts, do not list specific factors that a court must consider in cases where the parents cannot decide on custody matters, while others like New Hampshire will list at least some. But even though Massachusetts is not specific so as to give the judge more discretion in interpreting the standard, a Massachusetts family court is not much different from its counterpart in New Hampshire when deciding what is in the child’s best interests.
Are you receiving alimony in New Hampshire or have you been paying it to an ex-spouse? Are there now circumstances where you want to have the alimony order modified? If so, arrange a consultation with New Hampshire alimony lawyer Michael F. Mimno at (978) 470-4567.
What is Alimony?
Alimony is currently referred to as spousal maintenance or support. A couple that is legally separated, in a divorce proceeding, or after the divorce may have a spousal maintenance or alimony order in place. Essentially, it is a payment from one spouse to the other who may be financially challenged. Situations where alimony may be awarded are:
In a surprising, and perhaps unsettling, turn of events for a young couple in Newmarket, New Hampshire, the decision to marry proved to be premature. To be sure, an article published in the New Hampshire Union Leader reveals that the bride, who was just 13-years-old at the time of her union with her 17-year-old boyfriend, filed for divorce just four months after saying “I do.”
The well-known American talk show host, actress, and author Aisha Tyler has recently decided to split from her husband of 25 years, Jeff Tietjens. As part of the divorce settlement, Tyler has been ordered to pay Tietjens a spousal maintenance award of a whopping $2 million. The $2 million award will be paid to Tietjens in one lump sum payment of $500,000, as well as monthly payments of $31,250 for a four-year time period.
If you are going through a divorce in Massachusetts, you probably haven’t given any thought to how your social media activity could impact your divorce settlement. In fact, your only concern with social media may be to hide your activities from your soon-to-be-ex spouse, or flaunt them, depending upon the details of your situation. Or, you may be using social media to find out what your spouse is up to.
If you are going through a divorce in New Hampshire, you may very well have questions about how your property and assets will be split. While dividing cash and a house may seem relatively straightforward, how other types of assets – such as a retirement account – will be divided can be more confusing.
For legal counsel when pursuing a NH divorce, turn to the experienced advice of The Law Offices of Attorney Michael F. Mimno. In the meantime, consider the following about how retirement accounts are divided in a New Hampshire divorce–
When a couple marries, all assets that they acquire throughout the course of their marriage, including any financial gains, are considered to be marital property. Even separate property – which is property that is acquired prior to marriage or assets which are gifted separately to either the husband or the wife is considered marital property and is subject to equitable division upon divorce. In a recent case in Massachusetts, the Supreme Judicial Court overturned a lower court’s decision, holding that assets held in discretionary trust are not marital property.
In today’s world, the vast majority of couples choose to live together prior to saying, “I do.” In fact, many couples may choose to live together for many years prior to getting married, collecting assets, sharing space, and perhaps even purchasing a home or having children together. This may be especially true for same sex couples who lived together without being allowed to marry or obtain a civil union prior to the change in law.
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