May 2015

High net worth divorces present unique challenges

A divorce is often stressful enough by itself even before the spouses begin to sort through which assets should go to whom. The longer a couple has been together, the more challenging the question of asset distribution can become; and when the spouses have participated in activities like running a family business, a high-asset divorce can become quite contentious. Part of the reason why the division of assets in a high-end divorce can be so difficult is because of the varied nature of the assets. Business properties, extremely valuable property items, bank accounts, retirement funds and even hidden assets can all come under consideration. Given that Massachusetts is what the law refers to as an “equitable distribution” state, the allocation of assets is not formulaic but rather depends on the concept of “fairness”. And what may seem fair to one spouse may not seem so fair from the perspective of the other. Going through a high asset divorce can lead to many questions, and David M. Gabriel & Associates can help to provide practical and insightful answers and assistance to our clients. Whether you need assistance in crafting a divorce settlement agreement that is as balanced and as fair as possible to both sides, or if you and your soon-to-be ex-spouse cannot seem to agree on anything and you need someone to advocate vigorously on your behalf at trial, our combined experience with Massachusetts family law matters means that we can customize our legal representation to best suit your individual

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Why you should consider a prenuptial agreement

Prenuptial agreements can be very helpful, particularly in high asset divorces. Most people think of a prenuptial agreement as a way for a spouse to protect his or her assets. While this is certainly one reason to use them, prenuptial agreements have a lot of other important and practical uses. Under Massachusetts law, a prenuptial agreement is a written contract between two people prior to getting married. The purpose of this contract is to set ground rules about how to handle property, finances, and other related issues in case the marriage ends, whether by divorce or death. The good thing about prenuptial agreements is that you can adapt them for your particular circumstances. If you or your spouse has a lot of assets, you can use the prenuptial agreement to protect those assets in case the marriage ends. You can also use a prenuptial agreement to specify how property will be divided up or to prevent one spouse from assuming the other spouse’s debts. Or you can define the conditions of alimony, like the amount and duration. Prenuptial agreements do not only have to be about finances. In the agreement, you can set terms related to parenting, such as decision-making and allocation of responsibilities. Perhaps most importantly, prenuptial agreements can help you save a lot of money and stress in the event of a divorce. Getting a divorce can be extremely costly, especially if the divorce is contested. Common costs associated with divorce include court fees, attorney fees, and mediation

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State lawmakers consider fathers’ rights in new divorce changes

Most people think of divorce as a contentious process between two people who really don’t like each other anymore. In this stereotypical situation, each spouse wants everything: all the money (and none of the debt), the family home, and, of course, the kids. And in the midst of all the arguing, what is really in the best interest of the child is buried among arguments about assets and hurt feelings. While the courts are responsible for digging the child’s interests out of the heap, even the law that the courts apply don’t always support the best interest of the child. Traditionally, the mother has been awarded primary custody barring some limiting factor such as physical or emotional abuse, substance abuse, or other behaviors that could be detrimental to the child. The Massachusetts legislature is trying to change the traditions and stereotypes that have been at the heart of the family law system for decades. The proposed changes, if adopted, will create a new approach called “Child-Centered Family Law.” The policy of the law is to achieve the goal of meeting the best interest of children though “safe, healthy, and meaningful relationships between children and their parents.” In terms of fathers’ rights, this system may promote a decision-making process that puts the father on a more even plain with the mother when determining visitation rights and even custody. If the bill becomes law, the state of Massachusetts may see an evolution of more equitable rights between parents. But even without the

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Case brings attention to embryo rights

An ongoing case regarding rights over pre-frozen embryos may be of interest to couples in Massachusetts. The Illinois case concerns a former couple who were fighting over ownership of the frozen pre-embryos. There is no federal law governing embryo rights, and state laws vary. Under Tennessee law, former partners can stop an embryo from being implanted if their former partners have other options for having children. Under Iowa law, both the man and the woman involved have to sign consent forms for embryos to be planted or discarded. In New York, the courts used a contract signed at a fertility clinic as the basis for its decision. Before the Illinois case began, the former couple had been emailing back and forth about the fate of the embryos for a year. The man later filed a complaint in court asking for the embryos not to be used in August 2011. The man had donated sperm to his former girlfriend after they had been dating for five months. She had been diagnosed with non-Hodgkin lymphoma, and treatment might leave her sterile. In the emails, the man at first told his former partner that he was glad to be able to help her. He later expressed reservations when he began to question how others would view his absence from his children’s lives. One of the central issues within the case has been the embryos being the woman’s chance for her own biological child. Custody rights usually involve children who have already been conceived,

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