March 2013

Retirement funding is key to property division negotiation

When considering issues of property division during divorce, it is imperative to include retirement funding. It is easy to become bogged down by fighting over the family home or issues associated with the division of tangible property. However, in many cases the Massachusetts spouse who emerges with the retirement savings is far better prepared for future financial success than the party who keeps the house. Property division can be far more complicated than making a simple list of real estate holdings and shared belongings. Many former spouses who fail to give this topic proper attention during the divorce process find themselves struggling to fund their retirement when the time comes. For some, the ability to claim against the Social Security record of a former spouse becomes a central issue. While it may be possible to receive Social Security benefits based on the earning record of a former spouse, there are certain requirements that must be met. Chief among these is the requirement that the claiming spouse remains unmarried. The only exception to this lies in cases in which the former spouse is deceased and the surviving spouse did not remarry until after the age of 60. If the surviving spouse is disabled, he or she can claim survivor’s benefits if they remarry after the age of 50. When considering issues related to property division, it is important to understand that the decision made during divorce negotiations should focus on long-range plans. Retirement funding should play a role in that process,

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Financial prep when a gay marriage turns into a divorce

When a same-sex couple in Massachusetts encounters marital difficulties, the process of ending a marriage is no different than that for a heterosexual couple. There are a number of measures that spouses should take if they believe that their union is on the rocks, no matter what their gender. With proper planning, an individual can greatly offset many of the negative ramifications of divorce, leaving them better-equipped to move forward in their single life. One basic preparation strategy involves keeping good records. This includes collecting and copying all tax returns and credit card statements, as well as income documentation for both spouses. Having good records can make it easier to approach a court for spousal support or child support. Another savvy means of preparing for the worst involves setting aside some savings to weather the period between filing for divorce and coming to terms on a final settlement. Having enough cash on hand to cover basic living expenses is important, and can make a huge difference in one’s stress level as the process moves forward. In addition, it may also be a good idea to pay down existing debt before filing for divorce. When it seems likely that divorce is on the horizon, gay spouses in Massachusetts should ensure that they are as prepared as possible for the coming months. The steps suggested here are not solely beneficial to the divorce process, but are also good tips that any couple can take advantage of. If the marriage stabilizes, having done

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Unusual fathers’ rights case makes national headlines

When it comes to child support enforcement, the players often fall along stereotypical lines. You have the beleaguered single mother, fighting the get the courts to force the deadbeat father to pay for the needs of his children. The story has become so ingrained in our collective belief about child support that any exception to this scenario garners media attention in Massachusetts and elsewhere. One recent case offers an unusual take on fathers’ rights, and has many debating the current state of child support law. A man recently faced a judge to defend against the charge of having unpaid child support. However, the man offered DNA test results that proved him not to be the father of the child in question. However, he still emerged from the courtroom owing child support to a woman who had deceived him for the past 13 years. At the time of the child’s birth, the man’s girlfriend claimed that he was the child’s father. Although he had doubts at the time, he signed the baby’s birth certificate. As a result, a judge is holding him to that promise, and has ordered that he pay toward the $23,000 in back support owed. However, he will be allowed to do so at a rate of $1 per month, interest free. At that rate, he will be able to fulfill his obligation in as little as 1,917 years. As this fathers’ rights case demonstrates, family court judges hear a wide range of cases, not all of which

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Tax consequences for older Americans who divorce

When a Massachusetts couple over the age of 50 makes the decision to end a marriage, the issues they face are often very different from a couple in their 20s or 30s. As we approach retirement, our financial goals change, and financial planning becomes a more pressing need. As a result, baby boomers who are calling it quits should take the time to ensure that they are adequately prepared for the tax consequences and other financial repercussions of divorce. Tax concerns are usually a primary concern for divorcing spouses. Couples who have been together for a long time have grown accustomed to their tax burden, and have effectively planned around that expense. Divorce can bring drastic changes to each spouse’s tax obligations, however, and should be planned for before the divorce settlement has been reached. For example, the decision to keep or sell the family home has significant tax ramifications. If one spouse plans to remain in the home, he or she will take on the costs of maintaining the property, but will also get the tax deductions associated with home ownership. The spouse who walks away from the property may have a lower monthly living expense, but will also lose all homeownership tax deductions. Another consideration involves cases in which the couple decides to sell the home. Selling a home in a year that the owner can still file as married can make a great deal of difference in the bottom line, as the current tax code allows for

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