March 2015

Medicaid may have an influence on divorce rates

A recent report suggests that the long-term care required by older Massachusetts residents may be costly. According to one estimate, some individuals may be paying as much as $83,000 each year if they are seeking treatment in a skilled nursing facility. Furthermore, approximately 70 percent of individuals who are older than 65 will require some form of long-term care. The report goes on to state that these figures and Medicaid might be a driving force for an increase in divorce. Suggesting that approximately 66 percent of the aggregate cost of long-term care is covered by Medicaid, the report states that many individuals seek financial help from Medicaid long-term care benefits. These funds may be used to cover home health services or room and board for some individuals over the age of 21. Qualifying requires that the person meet federal guidelines on poverty. Individuals may also spend down their income in an attempt to qualify. Based on a five-year look back period and a recovery process that Medicaid might initiate against a person’s estate after they pass away, the report argues that the rules are promoting divorce. It suggests that if a couple is still married, the assets of the partner who is not receiving benefits are not protected unless they are no longer living together. However, if the couple divorces, they are allowed to live together, and the non-receiving party’s assets are not subject to estate recovery. As this information shows, there may be some financial benefits to seeking a

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Factors used in Massachusetts to determine alimony

If you are going through a divorce, you might be worried about what will happen when you are on your own. You may be concerned about whether you will be able to make enough money to support yourself, particularly if you gave up your career to support your spouse’s ambitions or were unable to obtain the education necessary to develop job skills. Alimony, or spousal support, could be a viable option to help you get by and is based on multiple factors. Alimony is a type of financial support that the court orders a former spouse to pay to ease the transition into separate households. The payments could be awarded temporarily or permanently depending on your situation. For example, alimony is awarded more often when the spouses have been married for 10 years or longer and there is a big difference between their individual incomes. The most common factors that Massachusetts courts consider are the length of the marriage, each of your financial needs and earnings potential, the standard of living that you became accustomed to during marriage, and the mental and physical condition and age of both parties. The court also considers the ability of your spouse to pay, whether you suffered economic loss because of your marriage and the contributions you made to your marriage, such as refraining from work to care for children or helping pay for your spouse’s education. However, the courts could deviate from these guidelines for rehabilitative and general alimony. For example, if you

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The role of artwork in a divorce property division

Massachusetts residents who are seeking a divorce may be interested in some information on how artwork is treated at the end of a marriage. Depending on when it was created, the pieces may be up for grabs when marital property is divided. When a couple makes the decision to divorce, they need to go through the property division process and divide their existing marital assets. When one of the spouses is an artist, they may be unclear about what to do with their artwork. An artist often believes that their works belong to them, because they created the pieces. In the eyes of the law, however, the artwork itself is simply another piece of property owned by the couple. Because of this, the artwork is subject to the same equitable division principles as the rest of the former couple’s assets. Artwork presents complex property division issues due to its often-subjective nature. A monetary value needs to be assigned to each piece by an appraiser or gallery owner. In addition, any licensing agreements for the artwork created by one of the parties needs to be included as property and revenue that belongs to the marriage. If artwork was created prior to the marriage, though, it will most likely not be part of this marital property division. Failure to properly account for the value of this artwork could open the creator up to allegations of fraud and could end up losing them all of that property. To avoid this, legal counsel may

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The different types of alimony payments

As Massachusetts residents may know, the higher earning spouse facing divorce may have to pay alimony to his or her former partner as a part of the settlement. However, there are several ways that alimony payments may be approached. Many alimony payments are made on a monthly basis, but this may be frustrating for the payer, and there might be consequences if a payment is forgotten. In addition, it might interfere with a newly divorced individual’s feeling that he or she is moving on with their life. Another option is to pay the alimony in a lump sum to the former spouse, which is allowed in some states. A lump sum payment may be advantageous in that the payer will not have to be concerned with the timeliness of the monthly payment. Individuals who are late may face court judgments filed by the former spouse in an effort to collect. Paying alimony in its entirety involves paying all the owed alimony payments at once. If it is listed as alimony, then the tax burden may go to the receiving spouse. However, if the lump sum is listed as a settlement, then it might have tax consequences for the payer. In addition, both parties must agree to a lump sum payment, and it must be approved by the court. It may be advantageous for the receiving spouse to accept a lump sum payment since the money might be invested and allowed to grow. In addition, the receiving spouse need not be

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