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A Case Study

The pre-trial conference has concluded, and a trial date has been scheduled in six weeks. The expense of drafting trial briefs, pre-marking exhibits and preparing witnesses appears unavoidable. Mediation has been unsuccessful in accomplishing your client's primary goal: a buyout of spousal support, in whole or in part, in order to avoid the inevitable motion practice when she attains the full retirement age of 67. As you have advised your client, the judge at trial does not have the authority to order lump sum spousal support or any hybrid or creative approach to spousal support termination that doesn't comply with the alimony statute.