IN THIS NEWSLETTER:
• WHAT'S NEW?
• NEW CASE SUMMARY: George Clemence vs. Kristine Sklenark, Modification of Judgment and Alimony
• MINDFULNESS MATTERS: Mindfulness and The Importance of "Me" Time, Especially During A Divorce
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WHAT'S NEW?
WELCOME 2021!
I don’t know anyone who is unhappy to say goodbye to 2020. We are looking forward to 2021 and to continue to help our client’s transition through the divorce process with confidence.
VESTA
In January 2021, Cindy became a member of VESTA – a New Division For Divorce. Vesta is focused on helping clients get through the divorce process as holistically as possible by helping to make connections with compassionate and trusted advisors who work in the divorce space. We look forward to collaborating with VESTA toward this mutual goal.
COURTNEY FARRELL, Esq.
Courtney Farrell: our new associate, is completing her training in Limited Assistance Representation. Courtney worked in the family law field while in law school and is now a new attorney at Peridot. She has received rave reviews for her work from our clients. She looks forward to helping you with your important family law case.
ZOOM HEARINGS AND TRIALS
We have become quite proficient with virtual hearings since the pandemic shut down most in-person hearings. Most of our clients like the versatility of zoom (no commute/no parking) but it is still an evolving process. More and more clients are considering mediation and collaborative law as a way to move their cases through to closure. Check out our website to find out more about mediation and collaborative law.
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NEW CASE
George Clemence v. Kristine Sklenark , 98 Mass.App.Ct.646 (2020).
A key decision that determines alimony waivers constitutes a "zero-dollar alimony award" and starts the clock for the Alimony Reform Act's durational limits.
Case Summary by Nicole Barrett, Law Clerk
After thirteen years of marriage, George Clemence and Kristine Sklenark decided to part ways and divorced in January 2017. The judgment of divorce incorporated the terms of the parties’ separation agreement within which the husband conditionally waived any past, present, or future alimony. Mandated by the alimony condition, the marital home was to be sold to a non-relative for $725,000, with 60% of the resulting equity belonging to the husband. If the marital home could not be sold for the agreed-upon amount, the husband would hold the right to seek future alimony by filing a complaint for modification.
The marital home sold in August 2017, for $433,000 – resulting in a significantly smaller equity payment to the husband than outlined in the separation agreement. Following the sale, the husband brought forth a complaint for modification, seeking alimony. On November 9, 2017, the probate court judge ordered the wife to pay $200 per week in alimony for the maximum duration under the Alimony Reform Act of 2011 for a 13-year marriage – 98 months. The alimony award would continue unless modified, until October 8, 2026, unless a party died or if the husband remarried or cohabitated with another.
Following this judgment, the wife challenged the alimony duration by arguing the ninety-eight (98) month duration should be counted from the initial judgment of divorce instead of the date of the judgment for modification, which would eliminate approximately 43 weekly alimony payments from the wife’s obligation. Previous court decisions have established that the maximum alimony durational clock begins to run on the date of the initial general term alimony award. Generally, this would occur on the date of the divorce judgment, however, a later date may be used if alimony is not addressed at the time of the divorce judgment. On appeal, the Court discussed whether a waiver of alimony constitutes a “zero-dollar alimony award” or if the husband had not had full opportunity to adjudicate his claim for alimony.
The Court first reasoned that the separation agreement contained an initial award of general term alimony as required by the Alimony Reform Act because the existence of such a waiver was proof that the husband was provided sufficient opportunity for contemplating alimony, even if the resulting amount was zero. Additionally, the alimony waiver implicitly provided that if the marital home could not be sold within the outlined conditions, that the husband would have a right to pursue future alimony. Essentially, the reduced proceeds from the sale created a “material change in circumstances” for which a modification of the initial zero-dollar alimony award would be warranted. Since proving a material change in circumstances is not required during an initial award for general term alimony, the Court was persuaded that the husband had previously received an alimony award. Ultimately, the Court held in favor of the wife by deciding that the maximum duration she could be ordered to pay alimony to the husband began on the date of divorce.
If you have any questions about your rights or obligations regarding alimony in your situation, please reach out to us.
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MINDFULNESS MATTERS
MINDFULNESS and THE IMPORTANCE OF "ME" TIME, ESPECIALLY DURING A DIVORCE
By Courtney Farrell, Esq. and Cindy Runge, Esq.
Whether it is ten minutes, half hour, or even a whole hour – taking time for yourself each day is essential to your well-being and mental health. "Me" time can mean whatever you want it to: taking an exercise class, going for a run, reading a book, enjoying a cup of coffee or tea alone, or just a couple minutes to shut down all of your electronics and unplug and refresh. In a world where we are constantly connected with technology, it seems like unplugging is impossible. In actuality, it can be challenging to unplug, but it is not impossible. There is always going to be work to finish -- the email, text message, voicemail or phone call will still be there at the end of the day, so by taking a couple minutes for yourself, you are not neglecting your outside commitments, but rather making yourself able to give more and be in a better headspace to work more efficiently and effectively.
During a divorce or separation, people are often at the lowest point they have experienced in their lives. Finding healthy ways to self-nurture, especially during times of high stress, conflict and uncertainty, is essential to maintaining balance, perspective and sanity.
Courtney says: “For me, I try to carve out thirty minutes to an hour to exercise at least five times a week. On days that seem to be busier than others, I try to get up a little earlier or cut back on the minutes, but still try to make the time for "Me."”
Between work commitments, family commitments and everything else going on in our jam-packed lives, finding some "Me" time may come last on your list, or, if you do take some time, you may feel a little guilty. However, if you let yourself become emotionally and/or physically exhausted, you cannot expect to be fully present for all of the other commitments you have. As the saying goes: “You can’t pour from an empty glass”.
If you feel you don’t have time for your own self-care, then ask yourself, “Whose life is it?” I.E., if you don’t’ get to decide how to spend the time you have been allotted to live in this world, then who does? Hint: The answer is you decide.
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