IN THIS NEWSLETTER:
• WHAT'S NEW?
• NEW CASE SUMMARY: Dolan v. Dolan, A recent decision involving the modification of alimony
• MINDFULNESS MATTERS: Emotions During A Divorce
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WHAT'S NEW?
SUMMER 2021
Now that people are getting back into the office and seeing each other in person, it is starting to feel like things are returning to a sense of normalcy. At Peridot Family Law, we are busier than ever and excited to tell you about our new staff.
This summer, we have two new law clerk interns (both New England School of Law students):
Sarah Zweerink - Sarah is a current law student at New England Law | Boston with an interest in child welfare. She graduated from Boston University in 2020 with a Bachelors and Masters degree in political science. She previously worked as a legal intern for a worker compensation company and is very excited to learn and grow at Peridot Family Law.
Jessica Landry - Jess is a 3L student at New England Law Boston. She is Student Director of the Women’s and Children’s Advocacy Project, and sits on the Student Advisory Board of Legal Squirrel. She is excited to learn, and gain valuable professional experience during her time at Peridot Family Law.
Jess and Sarah, both New England School of Law students, have jumped right in (even working during the weekend to help me finish preparing for a trial) and are excited to help our clients with their family law needs.
We also welcome our new paralegal:
Peter Fitzgerald - Peter grew up in New Hampshire and earned his bachelor’s degree in criminal justice at Plymouth State University. Afterwards, in pursuit of a career in the legal field, Peter obtained a Certificate of Paralegal Studies at NHTI and began working for a personal injury law firm in Connecticut before moving to Boston and joining Peridot Family Law. Peter spends most of his free time pursuing outdoor activities like fishing and hiking.
Below is a photo of Peter, Jess (in the middle) and Sarah. Welcome Peter, Jess and Sarah!
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SPEAKING ENGAGEMENTS:
Cindy presented three times in May 2021.
On May 13th, Cindy Co-Chaired a Brown Bag panel on "Remote Family Law Mediation: Past, present and future," with Fern Frolin, Esq. of the Family Law Section of the Massachusetts Bar Association. The all-star panel included divorce mediators and family law attorneys who spoke about how zoom mediation has evolved during the pandemic and will likely continue into the future. See link below.
On May 13, 2021, Cindy Co-Chaired a MBA panel on “Maintaining Wellness in a Changing Profession,” with Michelle Harris, Esq. This event was co-sponsored by the Dispute Resolution and Small Firm section counsel. Speakers addressed mental health, technology and work-life balance. See link below.
On May 26, 2021, Cindy and Susan DeMatteo, Esq., Co-Chaired a presentation for the Family Law Consortium of USA500 concerning tips and tools for handling your Probate and Family or Juvenile Court cases when the Department of Children & Families gets involved. Susan and Cindy are both experienced attorneys and mediators who have handled cases and mediations involving families who are impacted by DCF involvement. If you have questions about what to do if DCF becomes involved in your case, please reach out to Peridot Family Law for a consult.
OTHER NEWS:
Cindy has been appointed as a member of the New York Bar Association Committee on Families and the Law for 2021-2022. Cindy has also been appointed to the Massachusetts Bar Association Family Law Section Council for 2021-2022.
It has been a wild and turbulent year since the March 2020 pandemic shutdown. We’re glad to be back in the office and look forward to helping you resolve your family law matters in the best way possible.
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NEW CASE
Dolan v. Dolan
A recent decision involving the modification of alimony.
During the parties’ twenty-seven-year marriage, Lisa Dolan managed the household, cared for their two children, and earned a modest wage working part-time. Conversely, her spouse, Shaun Dolan, was the primary wage earner and a co-owner of a company where he earned $481,233 annually. Due to the significant difference in the parties’ wages, the wife’s need for support to maintain the marital lifestyle, and the husband’s ability to pay, the court awarded the wife $2,885 in alimony per week. As further part of the asset division, the husband maintained his ownership interest in his company.
Nearly two years later, the husband sold the company, with his share of the profits totaling more than $2.5 million. With the sale, the husband was only guaranteed an annual salary of $300,000 for the first two years, which would subsequently be subject to change in August 2019. This immediately decreased his annual salary by 38%, although the husband would continue to receive compensation for the sale through July 2019. Following the sale, the husband sought a retroactive modification in the amount of alimony paid to the husband based on his decreased salary.
On appeal, the Court followed the two-step process for a downward modification of alimony: (1) finding that there has been a material change in circumstances and (2) that the modified amount be within the parameters set forth by M.G.L. c. 208 § 53. To find that a material change in circumstances has occurred, the judge would look to the totality of the circumstances – including the husband’s income and assets. Given that the husband’s net worth was increased substantially, combined with his decrease in salary, the court found a material change sufficient enough to meet the threshold required for a modification. However, despite the immediate change in salary, the judge chose to delay the starting date of the lower alimony amount because the husband’s entire financial circumstance will not be materially different until after he stops receiving the benefits from the sale of the company – in August 2019.
The husband argued that the judge erred in delaying the reduction of alimony because M.G.L. c. 208 § 53(c)(1) prohibits a judge to consider capital gains from an asset received in the divorce. This argument failed because despite the source of the additional income being relevant for calculating the amount of alimony, it is not a factor in determining if there has been a material change under M.G.L. c. 208 § 49(e). The Court reasoned that the Legislature would have expressly included the provision within § 49(e) if they so desired – but they chose not to. Therefore, the husband was found to be capable of continuing to pay the established alimony amount until August 2019, at which time his financial situation would materially change.
Alimony can be complicated. 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
EMOTIONS DURING A DIVORCE
By Cindy Runge, Esq.
Perhaps one of the more difficult emotions to work through in a divorce is the feeling of betrayal, especially if there has been infidelity in the marriage. Whether the experience happens during a long or short-term marriage, the feeling of shock and disbelief upon learning about a betrayal can be hard to move past.
It is important to recognize that it is normal to need time and space from which to heal when learning about betrayal. Sometimes, in retrospect, the signs were always there, but for whatever reason, we chose not to see them. Other times, the unknowing party may be completely blindsided upon the discovery. It can take a long time to forgive someone who has deliberately concealed or lied about an affair, whether it is physical, emotional or both.
How do you process the realization that the life you thought you had never really existed? First, take the time to feel the emotions, not bury them. Confide in a family member or trusted friend to talk about your feelings. Make time and space to grieve the loss in a way that feels manageable for you. Let the emotions move through you so you can move on in time. While it is normal to need to time to process your emotions, holding onto the pain only continues to hurt you. Forgiveness does not absolve someone’s betrayal, but when you are ready, it can free you to move forward with a better life. There is well known poem by the poet Rumi called, “The Guest House.” which gives an interesting perspective to think about the human experience.
When your life is in the midst of upheaval, it can be hard to imagine that things can be better. Make sure you stay connected to people who support and care about you. Find counsel who understands and supports your goals and objectives. If you have questions about the divorce process – call us- we’re here to help.
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