The Law Offices of Hans R. Hailey

Alimony: To file or Not to File

Published September 29, 2011 | By hhailey

ALIMONY: TO FILE OR NOT TO FILE

(With apologies to William Shakespeare)

On March 1, 2012 the new Massachusetts alimony sections to the divorce statute, G.L. c. 208, §§48-55, take effect. Alimony is no longer forever in all divorces.

So you are about to start a divorce and you think that alimony is the elephant in the room. You wonder how much you will get or how much you will have to pay. And of course, for how long will your alimony last.

The new law addresses both of these questions. This blog only addresses the issue of how long alimony would be paid.

How long alimony will be paid depends on how long was the marriage. The new law defines the length of the marriage to be from the date of marriage to the date that divorce papers are served, or if an uncontested divorce when it is filed at the court. However under some circumstances, premarital cohabitation may have an effect. More about that in another blog.

You ask why is the length of the marriage so important? How long alimony is paid is directly related to the length of the marriage. For example, when a marriage is less that 5 years the maximum time for alimony to be paid is 30 months or 2 ½ years. But when a marriage is between 15 and 20 years, the longest alimony can be paid is 191 months or 16 years!

The time when you file for divorce is now more critical than ever when alimony is likely. It could make a significant financial difference.

For the divorced individual likely to be paying alimony, usually the husband;

To file, or not to file, that is the question;

Whether ‘tis nobler for the pocketbook to suffer

The pain and sorrows of outrageous alimony,

Or to take the offensive against a lengthy alimony term

And by filing quickly to shorten the misery.

But for a recipient of alimony, usually the wife;

To file quickly or slowly, that is the question;

Whether ‘tis nobler to prevent his pocketbook from suffering

The pain and sorrows of lengthy alimony,

Or to take the slow road to lengthen the marriage

And delay filing to increase your gain.

The decision is yours. Make it wisely by consulting a qualified divorce attorney.

Posted in Dviorce | Leave a comment

UNDERSTANDING PIP (“NO FAULT” BENEFITS) – 2

Published September 20, 2011 | By hhailey

If you suffer a personal injury in an automobile accident, three types of Personal Injury Protection (PIP) benefits are available to you: medical expenses, 75% of lost wages and the cost to obtain replacement household services. All are subject to limits, depending on the deductible selected when the insurance was purchased. The most that will be paid, however, is $8,000.

There is also a coordination of benefits with your medical insurance. PIP pays the first $2,000 of medical expenses, after which your medical insurance is responsible. That’s why you will be asked to sign a medical insurance affidavit as to medical coverage. Deductibles, copayments and other medically necessary expenses (such as transportation to medical appointments) will be paid by PIP up to a maximum of $8,000.

If you’re not able to work because of a personal injury suffered in an automobile accident, you may have lost wages which are payable by PIP. If so, you should request that your lost wages be paid before medical expenses are paid. Let medical insurance pay your medical expenses and use PIP to cover your lost income.

These are basic rules. There are exceptions, qualifications and limitations. For example PIP will only pay medical expenses incurred within two years of the automobile accident. There are too many exceptions, qualifications and limitations to list here. Later blogs will cover some of these. Of course, you might just ask a personal injury lawyer.

Posted in Personal Injury | Leave a comment

Buying Shoes

Published September 20, 2011 | By hhailey

Are you considering a divorce? Not sure what to expect? Your friends and family giving you advice based upon what happened in their divorce? Confused and conflicted? Of course you are.

While your friends and family intend to be helpful, what transpired in their divorces and the terms of their divorces are not relevant to your divorce. Recognize that going through a divorce is like buying shoes, just because they are your size, not every shoe you try on will fit.

While the basic issues are the same in all divorces, the facts and circumstances of each couple going through a divorce are unique. Resolution of those issue must be viewed solely from the two individuals, and any children, involved.

Listen politely to your friends and family members as they try to consol you and advise you with “in my divorce”. But recognize that your situation is unique and different from theirs. Don’t be influenced by their experiences. And above all, remember that the best way to get through a trying, stressful, emotional divorce is with the assistance of an experienced family law attorney.

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UNDERSTANDING PIP

Published September 6, 2011 | By hhailey

If you drive a car and are hurt in a car accident, you have Personal Injury Protection (PIP) benefits available to you. Benefits are available whether or not you’re at fault in the accident and so they’re called “no fault benefits.” There are some exceptions, such as if you are entitled to workers compensation.

PIP is explained in your automobile insurance policy. If read carefully, it’s easy to understand. Or is it? Sometimes it can be so unclear that the Supreme Judicial Court needs to explain what it means.

Such was the case recently when the Court had to decipher the relationship between PIP, medical payments coverage and medical insurance. The case was called Golchin v. Liberty Mutual Insurance Company.

The question that came up was whether a person who had medical payments coverage as well as medical insurance was entitled to collect his medical bills from both sources. While there is a coordination of benefits arrangement in place for payment of medical bills under PIP, there is no such arrangement that applies to medical payments coverage. Accordingly, since the insured person paid for both forms of insurance, he was entitled benefits of both.

Posted in Personal Injury | Leave a comment

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Alimony: To file or Not to File

UNDERSTANDING PIP (“NO FAULT” BENEFITS) – 2

Buying Shoes

UNDERSTANDING PIP

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