Nigro, Pettepit & Lucas, LLP Nigro, Pettepit & Lucas, LLP2025-08-07T12:13:17Zhttps://www.npl-law.com/feed/atom/WordPress/wp-content/uploads/sites/1301710/2020/03/cropped-site-icon-1-32x32.jpgOn Behalf of Nigro, Pettepit & Lucas, LLP, Attorneys at Law<![CDATA[How Massachusetts’ alimony laws could affect your divorce]]>https://www.npl-law.com/?p=467392020-09-15T22:50:57Z2020-09-15T22:50:57ZTypes of alimony in Massachusetts
Four types of alimony exist in Massachusetts. The type you receive will depend on the specifics of your situation. If you will be able to support yourself in the future, but not now, your spouse may have to pay you rehabilitative alimony until then. Yet, due to your divorce, you may be moving. Or, you might need to establish a new standard of living afterward. In these cases, your spouse may provide you transitional alimony instead, which will ease these adjustments. If you made contributions or sacrifices to help advance your spouse’s career, you may receive reimbursement alimony for these. And if you depended upon your spouse for support, you will likely receive general alimony for a percentage of your marriage’s length.
Keep in mind that both reimbursement and transitional alimony end after five years. General and rehabilitative alimony can last longer as needed.
Factors that affect alimony in Massachusetts
In Massachusetts, the duration you receive alimony for depends on the number of months your marriage lasted. Your marriage may have been short, lasting for less than five years. In this case, you will receive alimony for no more than 50% the number of months you were married. For each additional five-year period up to 20 years, this figure increases by 10%. If your marriage lasted 20 years or longer, you may qualify for indefinite alimony.
To determine the value of your alimony award, state courts will consider the disparity between you and your spouse’s incomes. The monthly support you receive will not exceed 30 to 35% of this difference, unless your circumstances require deviation from this guideline.
Your broader domestic situation will also affect your alimony award. Besides the length of your marriage and you and your spouse’s incomes, the court will consider:
The economic contributions you and your spouse made to your marriage
Whether you or your spouse lost out on economic opportunities due to your marriage
You and your spouse’s current and future employment prospects
You and your spouse’s health
You and your spouse’s standard of living
Many factors affect alimony and understanding them is key to making it part of your divorce settlement. By familiarizing yourself with Massachusetts' alimony laws, you can work toward receiving an award that reflects your needs.]]>On Behalf of Nigro, Pettepit & Lucas, LLP<![CDATA[3 Reasons why a health care proxy is a good idea]]>https://www.npl-law.com/?p=467082020-12-10T21:51:26Z2020-06-11T19:42:40ZHealth situations where you might need a heath care proxy
Creating a healthcare proxy is the opportunity to think about what you want done in certain cases. You can clarify which course of action should be taken in which cases and which should not. Some questions to consider and answer are:
If you are seriously injured and unconscious after a car accident, would you want heroic measures to be taken to save your life?
What would you want done if you are terminally ill and not expected to recover?
How would you like to be cared for if you suffered severe, irreversible brain damage?
How long would you want to be left in a coma if you are not expected to improve?
Do you wish to be on life support, such as a respirator or a feeding tube?
What are your feelings about being dependent on other people?
Another issue to consider is that if you become incapacitated by a disease such as Alzheimer's then a health care proxy would eliminate the need for your family to have to petition a court for guardianship.
One frequent misconception about health care directives is that you must be older to have one. The truth is that a health care directive which names a proxy is useful to any adult. In fact, considering that younger people can survive vastly longer than elderly people in a comatose state or on a ventilator due to advances in technology, it may be even more important for younger adults to create such a directive.]]>On Behalf of Nigro, Pettepit & Lucas, LLP, Attorneys at Law<![CDATA[3 common estate planning mistakes]]>https://www.npl-law.com/?p=467032024-12-13T10:08:03Z2020-06-10T17:29:27Z1. Ignoring estate planning altogether
People may choose to avoid estate planning for many reasons. Perhaps they are uncomfortable thinking about their mortality. Maybe they feel like they don’t have enough assets to make estate planning worthwhile. Whatever the reason may be, you should know that estate planning provides benefits for people from all walks of life.
A proper estate plan should be about more than simply distributing your assets. You can provide clear directions for your healthcare should you ever be in a situation where you’re incapable of making your wishes known. You can name a trusted individual to care for your children should the unthinkable ever happen. Shifting your focus from estate planning as an asset distribution system to a type of insurance policy can help you see the bigger picture.
2. Relying on a “canned” form
The internet has helped people take on all manner of do-it-yourself projects, for better and for worse. But painting a room in your house and doing your own legal work are two very different things. Your estate plan should be as unique as you are. A pre-printed form isn’t going to capture the fine details of your situation.
Frequently, what little money is saved from relying on a “canned” form is wiped out because it’s not legally sound. You should always discuss your options with an attorney who can help tailor a plan that is designed to suit your needs.
3. Never looking back
An estate plan is a “living” document. Don’t put together a plan and then file it away for decades. Your family may be in for a rude surprise if they find you’ve left all of your assets to a person you divorced 30 years ago.
Review your estate plan every few years. Your wishes regarding healthcare decisions can change. Your family makeup will also change as time progresses. Making occasional updates to your plan is essential to ensuring your preferences will be honored as you see fit.
]]>On Behalf of Nigro, Pettepit & Lucas, LLP<![CDATA[Can I keep my embryos if I get a divorce?]]>https://www.npl-law.com/?p=467002020-12-10T12:47:50Z2020-06-10T16:16:25ZLife goals may change
Another complication is whether both parties still want to be parents at all. One person may yearn to have a child while the other has decided parenthood is not in their future.
Such was the case for a recently divorced couple. After several appeals, the Arizona Supreme Court ruled in favor of the ex-husband, who did not want to become a father, and the ex-wife had to donate the embryos to a third party. She was a breast cancer survivor and these embryos were her only known chance to become a biological mother.
Rulings have varied state to state
The Massachusetts Supreme Court made a similar decision in 2000, despite the ex-husband signing a consent form nine years earlier. In its ruling, the court stated “enforcing the form against him would require him to become a parent over his present objection to such an undertaking.”
However, many other states, such as Illinois and Pennsylvania, have sided with the ex-wife when she has no other means to birth a biological child.
Are embryos property or children?
Unfortunately, there is no clear answer for classifying embryos because most judges have taken the stance that they are somewhere in between. Legal experts expect a case will inevitably make its way to the U.S. Supreme Court.
If an embryo case does make it to the nation’s highest court, it will impact other social issues such as stem cell research and abortion. However, it would give those who wish to become parents a clearer answer on their genetic material rights.]]>On Behalf of Nigro, Pettepit & Lucas, LLP<![CDATA[Do I need a will or a trust?]]>https://www.npl-law.com/?p=466972020-12-10T21:52:56Z2020-06-10T14:26:26ZWills: addressing many things
Your will can address a wide range of topics in your estate plan. This document can give an overview of your estate and it can designate assets. Most importantly, it is the place where you will name the guardian for your minor children or other dependents and the executor of your estate.
This document will be enacted during the probate process, where it will inform the courts and your executor how to handle your estate after your death rather than letting the courts decide.
Trusts: dealing with certain assets
Trusts, on the other hand, are a lot more specific than wills. Essentially, each trust allows you to put assets into the entity with stipulations and directions about how the trustee and beneficiary will handle them.
There are many different types of trusts available, so you can choose which one works best for your estate. These include revocable, irrevocable, special needs trusts, grantor trusts and more. The different varieties will determine how much authority you have over the assets and what they are meant for. Trusts can become active during your life or after your passing, depending on which type you choose.
While there is much more that goes into deciding which estate planning tools you should use, remember that everyone should have a will. Trusts can be very helpful depending on your estate. Always start by talking to your attorney to really get a good picture of what type of estate planning you should use.]]>