Guest Post from Jonathan R. Eaton, Esq. of Finn & Eaton, P.C.  and of counsel to Kelsey & Trask, P.C.   - Attorney Eaton focuses his practice on family law, serving clients in the areas of divorce law, child custody & visitation disputes, modifications of existing judgments in the Probate & Family Courts, drafting and negotiating prenuptial agreements, and guardianships & conservatorships.  Jonathan is also trained in Collaborative Law. Lifestyle During Separation Does Not Define Marital Lifestyle,  According to Massachusetts Appeals Court In setting the amount of alimony to be paid, and how long it is to be paid, a Probate & Family Court judge in Massachusetts must consider twelve mandatory factors: "In determining the appropriate form of alimony and in setting the amount and duration of support, a court shall consider: the length of the marriage; age of the parties; health of the parties; income, employment and employability...

According to a recent New York Times article , more couples are staying married in long-term separations instead of getting divorced. There can be some advantages to staying married, even if separated. For some, their religious or family obligations make divorce impractical. For others, financial considerations can warrant staying married. If a couple continues to share finances, it can often be beneficial (at least for one of the parties) to stay married. But there are risks as well. In Massachusetts, there is no such thing as a legal separation. This means that if you remain married, even if separated, then there are certain obligations and liabilities that continue. Although there is an action that allows for support in a separation (called a Complaint for Separate Support, Custody and Visitation), this action deals only with the issue of support, custody and visitation for parties living apart. A Separate Support action does not separate assets or debts, and does not ad...

Effective May 1, 2009, Supplemental Probate and Family Court Rule 410 will now require mandatory self-disclosure in Paternity and Separate Support cases similar to that already required in Divorce cases. Under the old Rule 410 , parties in divorce cases are required to, within 45 days after the date of service of the Summons, serve on the other party specific documents designed to disclose the basic financial information necessary to settle the case. This includes tax returns for the past three years, last four (4) paycheck stubs, bank account statements, health insurance documentation, retirement account statements and more. Under the new Rule 410 effective May 1, 2009 , parties in Divorce and Separate Support cases are required to, within 45 days after the date of service of the Summons, serve said documents (tax returns for the past three years, last four (4) paycheck stubs, bank account statements, health insurance documentation, retirement account statements, etc.). In addition,...