David M. Gabriel & Associates

Murdoch split highlights difficulties in high net-worth divorces

Most Massachusetts couples involved in the dissolution of their marriage do not have to deal with complex property division. Most divorcing couples do not have millions in assets to consider. For those couples such as Rupert and Wendi Murdoch who are currently involved in a high net-worth divorce, the issues can become more complex and may require greater amounts of time and negotiation to resolve. Rupert Murdoch, the media mogul is ending his 14 year marriage to his wife. In spite of legal contracts drawn up prior to the marriage (pre-nuptial) and during the marriage (post-nuptial) there are still many issues that will need to be resolved. The couple had two children during the course of the marriage. Accordingly, custody and visitation will have to be determined. Family trusts that have been created may need to have new administrators selected, and marital assets outside the scope of post-nuptial agreements will need to be divided fairly. Although discussions regarding the division of property and schedules of assets are all very impersonal and business-oriented, it should be remembered that a divorce is not often just the dissolution of an economic relationship. Frequently, strong emotions play a part in the success or failure of negotiations and proposed divorce settlements. Money issues aside, it is still the deconstruction of a family and therefore should be handled with care and respect for the feelings of all those involved. Those in Massachusetts who, like the Wendy and Rupert Murdoch, are dealing with a high net-worth divorce

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Alimony discussion important for many ending marriage

Massachusetts couples who have started or are contemplating divorce proceedings have many things to take into consideration, especially in regard to a request for alimony. Many divorce decisions must be made which factor into every single facet of life — from living arrangements to daily budgets. It is also important to gauge whether alimony may be necessary for the maintenance of that budget. How to live on a single income becomes a significant factor to consider. Finalizing a divorce does not always end all ties between two people, especially if a financial arrangement is necessary during the dissolution of a marriage. Alimony is often paid to an ex-spouse for a certain amount of time as ordered by the court. This income can be a necessity to a person who did not work during a marriage. Those who need time to prepare for reentering the work force or for those unable to work due to childcare responsibilities or other reasons may have a need for alimony. Divorce can be financially and emotionally draining. Some couples are able to deal with the stress with little to no intervention from outside sources. However, dealing with custody issues, dividing assets, alimony disputes and other difficult issues can make the process of ending a marriage seem long and difficult. For those in Massachusetts that are confronting these important issues, court proceedings may be necessary in those situations where the parties cannot come to an agreement among themselves. Many couples are not able to agree on

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Pets more than just marital property in a divorce

Most Massachusetts pet owners would be horrified if their precious furry friends were referred to as property, akin to a chair or table. Many couples see their dogs, cats and other pets as true family members; however, in a court of law, pets are seen as marital property during a divorce. This is a difficult realization for many couples attempting to decide what happens to their pets when their relationship ends. It’s the incredible attachment people have to their animals that is making more people fight over them once they decide to end their relationship in divorce. Those watching current trends in divorce have seen an increase in couples attempting to receive joint custody of their pets. Many couples care for their pets as if they were children and when their relationship ends decisions must be made as to the continued care of their pets. Regardless of whether the discussion is related to pets, children, monetary assets or property, the end of a relationship can bring on heated battles in how these are divided and shared. Many couples attempt to deal with this alone, which can lead to negative feelings and make the aftermath of a divorce bitter. Some couples decide on alternative dispute resolution techniques in order to address property division. Massachusetts couples considering divorce or currently going through the dissolution of a marriage may have difficult decisions to make in regards to the distribution of marital property, including pets, as they go through the process of ending their

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Property division in Massachusetts best left to prenup

Massachusetts residents considering divorce have many decisions to make. Some divorce proceedings are relatively simple, as there are no children or assets to consider, while other divorce proceedings require lengthy amounts of time attempting to determine the equitable distribution of property and other assets. Due to issues such as these, many couples have begun to consider prenuptial agreements. On June 5, 2013, in a post titled “A prenup can simplify Massachusetts property division“, we told our readers about the best ways to establish a prenup and be sure that it is valid. What many couples may not understand is that most states have a prenup of sorts already in place. Some individuals spend a significant portion of their years acquiring significant assets and building their careers. Once they make the decision to be married, many do not consider the possibility of that union dissolving. When a marriage does dissolve, regardless of the generosity of one spouse to the other, it is important their marriage end equitably. When there is no prenup, then it may be up to the state to determine what is fair and equitable, which may not be in the best interests of both spouses. When the state is left to divide property, regardless of how simple or complex the assets may be, a one-size-fits-most approach is used in place of a tailored plan designed to fit the needs of each spouse. The equitable distribution of assets is important to each individual’s financial future, which is one reason

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DOMA ruling affects divorce for same-sex couples

Marriage is one of the most important commitments a person can make in their lifetime. Massachusetts residents who choose same-sex marriage are usually filled with optimism and hope for the future of their relationship. No couple wants to think about the possibility of divorce. Unfortunately, many relationships do end, and understanding the laws in one’s state, as well as the new rulings issued in the Defense of Marriage Act (DOMA), is important to protect one’s interests when a marriage ends in divorce. Same-sex marriage is legal in Massachusetts, and therefore, residents of our state do not have to travel to other states to marry. With the U.S. Supreme Court’s decision to strike down part of the DOMA, federal benefits are now available to same-sex couples. Additionally, these couples are recognized on a federal level as being in a legal union. What does that mean for those Massachusetts’s residents seeking divorce? Because Massachusetts recognizes same-sex marriage, those who meet residency requirements are also able to divorce in Massachusetts. Given the new DOMA rulings, divorce for some same-sex couples will now become somewhat more complicated, especially if they have relocated to another state after they got married. Since federal benefits are now available for the spouses in same-sex marriages, these benefits will have to be considered during the dissolution of a marriage. Unfortunately, not all states recognize same-sex marriage, and therefore may not recognize a same-sex divorce, or the protections of the new laws. State and federal laws affect many areas of

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Alimony not just for Massachusetts women in divorce

It has been many years since women were primarily thought of as the weaker sex. If asked, many residents of Massachusetts would likely say men and women are equals. Women have the same rights as men, and most men see women as their equals in business, managing finances and other activities once solely the responsibility of men. So why, then, do men not ask for alimony during divorce proceedings in situations where the wife makes more money? According to the U.S. Census, there were only 12,000 male recipients of alimony, as compared to the 380,000 female recipients, in 2010. Given that nearly 40 percent of mothers who are married make an income greater than that of their husbands, one would think the number of men receiving alimony would be higher. When judges look at alimony in divorce proceedings, gender is not supposed to be a factor, so why do fewer men get alimony? Answered simply, they often just don’t ask for it. Many men see alimony as something for women. Some men reportedly see asking for alimony as a sign of weakness. When asking for alimony, even judges can have preconceived feelings about awarding spousal support for men. This is why men should be prepared to provide proof that alimony is needed to provide for their basic needs. In order for spousal support to discontinue being mostly for women, men will have to overcome gender biases and allow themselves an opportunity to receive support they may desperately need after a

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Federal ruling affects non-traditional couples in Massachusetts

The state of Massachusetts has recognized the marriages of non-traditional couples as legal unions since 2004. However, the federal government’s acknowledgement of these unions is critical in regards to finances. Non-traditional couples can now have access to their spouses Social Security survivor benefits, estate tax exemptions and federal pensions. This evens the playing field for same-sex couples and heterosexual couples in regards to the financial benefits of marriage. Marriages recognized at the state level are important in regards to the ownership of property, when medical decisions need to be made and when the couple has children. Marriages recognized at the federal level bring greater financial security as well as federal health benefits to those in non-traditional marriages who have a spouse working for the federal government. The military will also be making changes due to the new federal ruling. All military spouses, — heterosexual unions, as well as same sex unions — will now be receiving the same military benefits. There are some issues which will still need to be overcome. Those same-sex couples who do not live in one of the 13 states that recognize same-sex marriages can have issues with some federal benefits due to the fact that the benefits are based on the rules of the state in which the beneficiary resides. Given this issue, it may be beneficial for non-traditional couples to reside in states which recognize their marriage as a legal union. The hope is that the current administration will be able to extend as

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Fathers’ rights or mothers’ rights — it’s about getting along

It’s not easy, but getting along with your ex-spouse plays a big role in being a better parent. Fathers’ rights should be seen as equal to mothers’ rights and a big part of the equation is getting along with each other for the sake of the kids. Massachusetts parents facing a divorce or recovering from one will do well to keep this in mind if they plan on making their children’s’ best interests a priority. Successful and positive communication between divorced couples is a key factor in a successful co-parenting arrangement. It can also be quite challenging when there are strained feelings at play between the divorcees. Part of the challenge is resisting the urge to let loose on your kids and tell them how you really feel about the other parent. A divorce can create feelings of uncertainty and a future outlook that can be less than positive – but these are feelings that are often harder for children to deal with and the danger lies in communicating those feelings to them. Working on yourself and dealing with your own emotional baggage can be an important first step towards making sure that you will be contributing to building a positive environment for your kids to grow up within. When kids are assured that you’re stable, they feel a sense of stability too. They also need to know that their parents care enough about them to put away the differences between each other in order to work together in their

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