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Cases of Interest: Massachusetts
© National Legal Research Group, Inc.
Adoption (full category)
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MASSACHUSETTS: White v. Laingor, No. SJC-08329 (Mass. Sup. Jud. Ct. Apr. 27, 2001).
Mother appealed enforcement of an agreement in which she agreed to accept a reduced lump-sum payment for child support arrearages in exchange for the father's consent to the adoption of children by her new hus-band even though the adoption did not occur.
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Agreements (full category)
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MASSACHUSETTS: Bracci v. Chiccarelli, 99-P-620 (Mass. App. Ct. Dec. 3, 2001).
"In 1986, the parties executed a modification agreement altering the terms of a judgment of divorce nisi entered in August, 1984. The agreement stated that it was to survive as a binding contract and not merge with any judgment.
Read More About This CaseAlimony (full category)
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MASSACHUSETTS: Heins v. Ledis, 422 Mass. 477, 664 N.E.2d 10 (1996).
An award of alimony to reimburse the wife for her lost investment in the husband's business was improper.
Read More About This CaseMASSACHUSETTS: Johnston v. Johnston, 38 Mass. App. Ct. 531, 649 N.E.2d 799 (1995).
An alimony award to the wife in the amount she had received for many years during the pendency of the divorce action was not excessive even though she received $3 million as an equitable division of the parties' property.
Read More About This CaseChildren (full category)
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MASSACHUSETTS: Johnson v. Johnson, 425 Mass. 693, 682 N.E.2d 865 (1997).
The trial judge in a divorce proceeding does not have authority to assign property to a third party, even to children of the marriage.
Read More About This CaseClassification of Assets (full category)
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MASSACHUSETTS: Zeh v. Zeh, ___ Mass. App. Ct. ___, 618 N.E.2d 1376 (1993).
Husband's inheritance from his father, who died five years before divorce hearing, fell within category of assets subject to division, even though the legacy had not yet been distributed.
Read More About This CaseCohabitation (full category)
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MASSACHUSETTS: Moriarty v. Stone, 41 Mass. App. Ct. 151, 668 N.E.2d 1338 (1996).
The parties' contributions during their 10-year period of cohabitation before marriage were properly considered by the trial court as a factor in the division of their property.
Read More About This CaseFactors in Award (full category)
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MASSACHUSETTS: Moriarty v. Stone, 41 Mass. App. Ct. 151, 668 N.E.2d 1338 (1996).
The parties' contributions during their 10-year period of cohabitation before marriage were properly considered by the trial court as a factor in the division of their property.
Read More About This CaseInherited Property (full category)
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MASSACHUSETTS: Zeh v. Zeh, ___ Mass. App. Ct. ___, 618 N.E.2d 1376 (1993).
Husband's inheritance from his father, who died five years before divorce hearing, fell within category of assets subject to division, even though the legacy had not yet been distributed.
Read More About This CaseJurisdiction (full category)
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MASSACHUSETTS: Windsor v. Windsor, 45 Mass. App. Ct. 650, 700 N.E.2d 838 (1998).
The trial court lacked personal jurisdiction over the husband, who had not maintained a marital domicile in Massachusetts for more than 30 years, so as to permit equitable distribution of his assets.
Read More About This CaseMASSACHUSETTS: Anderson v. Anderson, 39 Mass. App. Ct. 907, 654 N.E.2d 65 (1995).
Provisions of a New Hampshire divorce decree concerning equitable distribution were not valid despite the husband's domicile there since the wife had previously filed a Massachusetts divorce action and Massachusetts retained personal jurisdiction over the property issues.
Read More About This CaseStock Options (full category)
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MASSACHUSETTS: Baccanti v. Morton, No. SJC-08442 (Mass. Aug. 13, 2001).
The husband argued on appeal that the judge erred in awarding the wife one-half of his issued but unvested employee stock options. He claims that the options should not have been considered marital property subject to division because they would not vest until after dissolution of the marriage.
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