Divorce Agreement

Life Insurance Obligation in a Divorce  -- No Reduction

In a  Decision – Bischoffv Bischoff -    (an "Unreported Decision") >> 

The Court Held:

The Appellate Court affirmed the Order denying the reduction when Alimony was reduced, because the Life Insurance represented more than an alimony assurance. 

{In ruling on the Life Insurance issue, the judge recognized that the large death benefit — with defendant's considerable contribution to the premium — was not intended solely as a means of ensuring the alimony obligation…. For this and the other reasons thoroughly described in his written opinion, the judge concluded that the Life Insurance policy should be left unaltered but, also, that fairness and equity required defendant's larger contribution toward the premium.}

Mediation

     - A Benefit or a Burden??

         In an Unpublished Decision "Richardson", the court held:

Here, the parties executed a comprehensive Agreement which included a provision to utilize the services of a mediator prior to litigation to address disagreements regarding time-sharing and any other issues regarding their children. Our review of the Agreement leads us to conclude that any calculation of childcare expenses, such as "lessons, sports, camps, equipment, after school care and other child care related expenses such as work related child care," is inextricably intertwined with a determination of custody and parenting time. This is particularly true in light of the fact that the Agreement recognizes that these expenses are subject to certain contingencies and changes, but fails to identify any other method of calculating these costs.

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1/29/15