David M. Gabriel & Associates

Discussing spousal support and child support with an attorney

When a Massachusetts marriage ends in divorce, the financial fallout can lead to a drastic shift in budgeting and financial stability for both sides. Child support and spousal support are among the most pressing concerns for many. Regardless of whether an individual expects to pay or receive either form of financial support, the way that the numbers will break down will have a big impact on their future financial outlook. Understanding how the payments are likely to be structured is a top priority during the early stages of a divorce. While there are a number of online resources that claim the ability to calculate alimony and child support payments, the best source of information about these matters is one’s divorce attorney. For those spouses who expect to make these payments, the first step in calculating the estimated payment amount is to provide the attorney with a comprehensive accounting of one’s income, as well as any income earned by the other spouse. It is also important to provide bank statements, recent tax returns, retirement account information and any other relevant financial information. For those spouses who expect to receive child support and/or alimony, the same information is required, for both you and your spouse. It may also be helpful to have a list of any special needs on the part of shared children, and a summary of any expenses such as private schooling, tutoring or other expenses that fall outside the realm of general living expenses. Using this information, the attorney

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Couples must take time to discuss finances, property division

When a Massachusetts couple decides to end their marriage, the manner in which they choose to divide their assets is often the central focus of the divorce process. However, even couples who are unmarried can find themselves in need of property division assistance. In the absence of marriage, couples who share expenses can find little guidance in the division of accumulated assets and debts, leaving many in a precarious financial position. For couples who are not yet married but are sharing housing and other expenses, experts advise against pooling income and assets. A better approach is to simply divide the household expenses in a manner acceptable to all parties, then pay those bills from separate accounts. For example, a couple might agree that one party who earns significantly more will be responsible for the rent and utilities, while the other covers the cost of food and household supplies. Another important factor within a serious relationship is to have a series of open and honest discussions about each partner’s approach to money. This includes a full disclosure of existing debt, assets and income. It is also helpful to talk about future financial plans, such as savings and retirement goals. Having these talks can help both partners decide if the financial outlook of the other party is in line with their own. For those who decide to marry, detailed financial discussions can also make it easier to broach the subject of a prenuptial agreement. The process of drafting such a contract is

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Factoring Social Security into Massachusetts property division

For Massachusetts couples who are considering a late life divorce, the financial aspects of ending their marriage have a measure of urgency that differs from that experienced by younger spouses. Older Americans simply have less time left within the workforce to recover from serious financial losses. This gives an added weight to the property division decision-making process that comes with any divorce. For spouses who are facing the end of their marriage as retirement approaches, it is important to understand the ramifications that various property division choices can bring. One aspect of this involves determining the Social Security benefits that one is entitled to, and planning other retirement income and savings around those benefits. For example, many spouses are unaware that they are able to claim a spousal benefit based on the work record of a former spouse, even when the marriage ends in divorce. In order to claim the spousal benefit, the claiming party and the former spouse must both be at least 62 years old. The marriage must have lasted for at least ten years, and the divorce must be final at least two years prior to making the claim. In addition, the claiming spouse cannot be entitled to a higher benefit based on his or her own work record. These benefits, and the manner in which an individual chooses to claim their overall Social Security benefit package, can have a great deal of impact on their financial stability during retirement. For example, a Massachusetts spouse who can

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A prenup can help in the division of marital property

For Massachusetts couples who are preparing to wed, the timeframe leading up to the wedding can be filled with seemingly endless tasks. Financially savvy couples will include the preparation of a prenuptial agreement within those to-do lists. While virtually every couple is aware of the benefits offered by a prenup, few realize how important it is to ensure that the contract outlining the division of marital property is written properly. In the best case scenario, a prenuptial agreement will never be called into service, and will be just one of many protective financial measures taken by a family. However, if the need should arise to make use of the document, it will be vitally important that the prenup was properly drafted. Asking a court to uphold these contracts requires that they meet certain legal expectations. One example involves the circumstances under which the prenup was written and signed. If a spouse can prove that they were forced to sign the document under duress, the entire prenup can be thrown out of court. Interestingly, it does not take a major act of coercion to prove duress; simply signing the contract in the days or weeks leading up to a wedding can be spun as signing under threat that the wedding may not take place otherwise. One way to protect against a challenge to a prenuptial agreement is to ask the Massachusetts attorney drafting the document to maintain a record of all correspondence and communication between parties or within the presence of

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Emotional reactions to shared custody

Once a couple has gone through a Massachusetts divorce, many fathers feel as if the most difficult part of the process is behind them, and that there will be smooth sailing ahead. Unfortunately, many are surprised to find that there effects from a divorce and shared custody arrangement can linger long after the paperwork is complete, and are ill-equipped to handle the emotional reactions that they experience. It is important to recognize that there will be long-term ramifications associated with the decision to end a marriage, in order to respond in a way that meets the needs of both father and child. One issue that often arises involves feelings of failure. After a divorce, it is common for both parents to feel as if they have failed as a family. This can arise during predictable times, such as holidays, or can seemingly come from nowhere. In some cases, parents can discuss these feelings together, and gain a sense of reassurance that the choices made were best for all involved. This level of communication between divorced parents is not always possible, however, and some fathers may want to work with a counselor if feelings of failure do not subside. Another consideration facing many divorced fathers who share custody is a sense of having little to no control over the home environment of their former spouse. In many cases, both parents will move forward into new relationships. If those relationships become serious, there is a high likelihood that another man will be

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High net-worth divorce: majority of Mihos assets to go to wife

When the divorce was granted on Oct. 15, the judge found that Christy Mihos, politician and businessman from Massachusetts, was a deceiving, ego-driven man. His impulsive and reckless behavior was said to have resulted in financial destruction. In the high net-worth divorce case of Christy and his wife Andrea, the court ruled that the majority of their assets go to Andrea. Andrea Mihos accused Christy of misusing millions of dollars during two hopeless political campaigns in 2006 and 2010, along with squandering money on porn stars, strippers and prostitutes. The majority of the Mihos’ remaining riches are offset by liabilities or tied up in real estate, as shown in documents filed in bankruptcy court and the divorce case. The judge ordered two multimillion-dollar homes on Great Island to be sold. According to court documents, the assets are worth around $4 million, including profits from the sale of the Great Island properties. Of this, the judge ordered Christy to receive $1.1 million and Andrea approximately $2.9 million. Christy Mihos had suggested he receive 53 percent, while Andrea Mihos wished to receive 95 percent of the net assets. The final decision granted the husband about 28 percent and the wife about 72 percent. Their condominium in Florida and a home on Great Island were split between them. Of their vehicles, the judge ordered that Andrea Mihos will get a leased BMW, two Land Rovers and a Mercedes, while Christy Mihos will get a Jeep. This Massachusetts high net-worth divorce battle is far

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Property division requires cool heads, careful choices

Every Massachusetts spouse who goes through a divorce will have to navigate the process of dividing marital assets. This can be a difficult process, especially in cases in which the family holds assets that are complex and varied. However, even relatively “simple” divorce cases involve property division, and the choices made during this stage of a divorce can have a lasting impact on the financial health of all involved. One tip for avoiding unnecessary losses during property division is to approach the process with a calm, business-like approach. While it can be difficult to remove one’s emotions from the mix, this is exactly what is called for in order to achieve the most favorable outcome. Decisions that are made while under stress or feeling pressured are virtually never the best available options. Spouses should make every effort to begin and complete the property division process with a clear head and an eye toward the future. One way to assist in this goal is to avoid unnecessary contact with one’s soon-to-be-ex during this stage of the divorce. While there may need to be some level of contact, especially for those who share children, there are ways to minimize the interaction one has with their spouse, at least in the short term. Friends and family can help with transferring the kids between homes. Some spouses find it helpful to limit communications to email during this timeframe. Massachusetts spouses should keep in mind that divorce is a relatively brief period of time in

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Massachusetts: same-sex couples divorce could be more difficult

Same-sex couples in Massachusetts have expressed their excitement over being able to legally marry. While many have been fighting for this right for quite some time, what they may not have thought about was the divorce process. A recent article touched on some of the reasons why a same-sex couple could have a difficult time getting a divorce. One of the biggest obstacles couples are facing is that a limited number of states recognize same-sex marriage. Many couples have moved since marrying and are now attempting to divorce in a state that does not recognize their marriage. Although several couples have tried to fight this, most cases will require the couple to establish residency in a state that does recognize the marriage before they will be able to start the divorce proceedings. This can obviously be a time consuming process. Another issue arises if the couple has children. In many instances, the biological parent will be the one to receive legal custody which could have a substantial impact on the proceedings. One suggestion is for the non-biological parent to adopt the child which would give them rights to the child as well in most cases. Any same-sex Massachusetts couple trying to file for a divorce could benefit from researching the applicable state laws and determining the best way to move forward with necessary action. As mentioned earlier, if children are involved, a parent could benefit from taking additional steps to ensure all custody concerns are addressed. Having the proper knowledge

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