Private Browsing: You don't need Congress' help to protect your privacy.

Two U.S. Congressman recently proposed an Internet Privacy Bill which would require websites to notify clients of all information that the website creates or collects, including cookies, session logs, etc.

Regardless of how this bill fares, it surprises me that so many people are unaware that there is already a way to browse the internet without creating a record. Of course you should avoid providing your information on the internet except to trusted sources, but you may also want to avoid other internet records created simply by browsing a website.

When you browse a website, it may create records within your browser to improve your browsing experience (such as cookies) and it also creates a record in your browsing history. Both of these options can be turned off in browsers, but this could hinder your everyday internet usage.

Instead, when browsing sites that you don't want a record kept for (such as a divorce attorney's website) you can use Private Browsing options available in most browsers. These linked articles describe using Private Browsing in Internet Explorer 8, Google Chrome, Firefox, and Safari.

Does the Staggered Duration Formula for Alimony Mean that Lawyers Will Encourage Potential Clients to File for Divorce?

Hopefully not! However, it does make anniversaries more important than they already are.

Under the Massachusetts Alimony Reform Act of 2011, which becomes officially effective on March 1, 2012, general term alimony will now have a time limit, determined by the length of the marriage.

• For marriages lasting 5 years or less, general term alimony will last no longer than one-half of the number of months of the marriage.
• For marriages lasting more than 5 years but less than 10 years, general term alimony will last no longer than 60% of the number of months of the marriage.
• For marriages lasting more than 10 years but less than 15 years, general term alimony will last no longer than 70% of the number of months of the marriage.
• For marriages lasting more than 15 years but less than 20 years, general term alimony will last no longer than 80% of the number of months of the marriage.
• For marriages lasting more than 20 years, the court may order that general term alimony will last indefinitely.

There are circumstances that would justify a deviation from this staggered scheme, such as the recipient spouse co-habitating with a significant other, and the death of either spouse, and I would encourage you to speak to an attorney if you have questions about the Alimony Reform Act of 2011.

The staggered scheme creates a jump in the duration of an alimony order for each five years of marriage. This creates a dilemma for individuals who are approaching a five, ten, fifteen, or twenty year anniversary and are struggling with whether to seek a divorce. Waiting until after one of these pivotal anniversaries, should their situation be one where alimony is later awarded, would result in paying alimony for a longer period of time.

This puts attorneys in an uncomfortable position. Any respectable family law attorney would never advise or encourage an individual that is struggling with the decision of whether to remain in a marriage and commit to repairing any existing damage to get a divorce. For individuals that come into our conference room for an initial consultation, walking through our door is often one of the most difficult decisions that they have made. It is not the attorney's job to make that decision any more difficult.

The dilemma lies with individuals who are seeking legal advice but have not yet made a final decision as to whether they will file for divorce. Part of our job as attorneys is to inform our clients, and potential clients, what the law is. With the staggered scheme for calculating the duration of alimony, this means that remaining married past a five, ten, fifteen, or twenty year anniversary could result in a longer alimony order.  It is up to the individual whether this is a tipping point for filing, or just a consequence of not yet being sure whether their marriage is over.

How can I Support or Fight the Alimony Reform Act of 2011?

The Alimony Reform Act of 2011 is legislation currently pending in Massachusetts which would significantly change how the Courts here handle alimony cases. The proposed bill would limit the duration and amount of alimony, exclude payor's second spouse income, and end (or reduce) alimony upon cohabitation and retirement.

Of course, these changes are controversial and in many cases favor payors. On the other hand, payors will argue that the current law unreasonably favors recipients.

Whether you are in favor or against the Alimony Reform Act of 2011, if you are a resident of Massachusetts you should make your opinion known. Contact your State Senator and Representative and tell them whether you want them to become additional sponsors or oppose the bill. If you want to know who your representatives are click here. Massachusetts Alimony Reform, an organization in favor of the bill (obviously given their choice of name), has provided a sample letter to send if you also favor the legislation.

To see Denise Squillante, President of the Massachusetts Bar Association summarize the Act on Fox25 News check out this video:

Alimony reform bill: Are changes on the way?: MyFoxBOSTON.com

If you want to read more about the proposed changes visit our last article: The Alimony Reform Act of 2011 or go to MassAlimonyFormula.com.

You can also Comment on this (or our previous posts) by completing the "Post a Comment" box at the end of each article.

Upcoming Seminars and Workshops: Social Security, Estate Planning, and Divorce

The friends of Kelsey & Trask, P.C. are offering some great upcoming seminars and workshops to help members of the public understand their options better when it comes to legal issues. From time to time we will try to let you know about these opportunities. Here are three that we recommend in November:


Social Security and Retirement Planning: Social Security Workshop at Council on Aging

Concord, MA - Senes & Chwalek Financial Advisors is pleased to present Kurt Czarnowski, former New England Regional Communications Director for the Social Security Administration, who will present “Social Security and Retirement Planning” at the Concord Council on Aging on Monday, November 28, 2011 at 6:30 pm.

Social Security's retirement program has been a basic part of American life for more than 76 years. Because we're living longer, healthier lives, we can expect to spend more time in retirement than our parents and grandparents did, and achieving a secure, comfortable retirement is much easier when you plan for your future.

But, despite the age, the size, and the economic impact of the Social Security system, the myths and misunderstandings about what the program is, as well as what it isn’t, are sizable. Social Security benefits were never intended to be someone’s sole source of income. Instead, they should be seen as the foundation on which to build a secure retirement.

Mr. Czarnowski worked for the SSA from 1976 until his retirement in 2010. As Regional Communications Director, Czarnowski was responsible for coordinating the Social Security Administration’s public affairs/public information activities in the six New England states. In this role, he was a frequent speaker at local and regional events for members of the public, and in 2010, he was the featured presenter on “Social Security: Your Retirement Planning Questions Answered,” the Social Security Administration’s national webinar for financial service professionals. He will provide an overview of the Social Security program and will help attendees better understand the important role it plays in achieving their retirement dreams.

Senes & Chwalek Financial Advisors is located at 57 Main Street, Concord. Renee W. Senes and David Chwalek are registered representatives of Investors Capital Corporation, Member FINRA/SIPC. For more information, please contact them at 978-369-2255.


Peace of Mind Planning for Parents Workshop

Hingham, MA - By popular request, Attorney Danielle G. Van Ess, will be repeating her Peace of Mind Planning for Parents workshop in just a few short weeks on Wednesday, November 16, 2011 from 7:30-9pm in Hingham.

If you missed the last one, here's your opportunity to attend. If you have friends who might be interested, please share this with them through email, Facebook, or however you reach them!

Registration is required, attendance is limited, and where applicable, both spouses are strongly encouraged to attend together. So line up your babysitters now and write down some questions you want to ask her.

You can learn more details about the workshop and register online here: http://peaceofmindforparents.eventbrite.com.


Divorce in Massachusetts: A 4-Part Weekly Public Education & Discussion Seminar Series

Needham Beth Israel Deaconess Hospital – Cardiology Conference Room - 148 Chestnut Street, Needham, MA 02492

Nov. 8, 2011 – Dec. 6, 2011; Tuesdays from 7:00 P.M. to 9:00 P.M.

FREE – ($20 per session suggested donation)

Who is the Seminar for?

This 4-Part Seminar Series is intended for people contemplating or going through a separation or divorce. Our members, including attorneys, therapists, mediators, and financial experts will provide you with valuable information about the divorce process in Massachusetts. There is the opportunity for Questions and Answers after each session.

What will you Learn?

Session I – The Divorce Process - Tuesday, November 8, 2011 7-9PM

- Where and how to begin:
- What needs to be filed and where?
- What is Mediation?
- What is Collaborative Law?
- How do I find the right professionals?

Session II – Finances, Assets & Alimony - Tuesday, November 15, 2011 7-9PM

- What is marital property:
- What is an equitable division?
- How do taxes affect the process?
- Will my House be sold?
- What is a QDRO?
- What is alimony?

Session III – Children & Divorce - Tuesday, November 29, 2011 7-9PM

- How much will child support be?
- How long will child support be paid?
- What is a Guardian Ad Litem?
- How do I create a parenting plan?
- What does custody mean in court?
- How do I minimize the trauma on children?

Session IV – After Divorce - Tuesday, December 6, 2011 7-9PM

- How do I get through the Divorce?
- What are some coping strategies?
- Can a divorce judgment be modified?
- How do I enforce the judgment?

REGISTER ONLINE