How Does Same-Sex Divorce Work in Massachusetts?

David M. Gabriel & Associates

Since Massachusetts became the first state in the nation to legalize same-sex marriage in 2004, thousands of couples have built lives together under the same legal protections as opposite-sex spouses. However, when a same-sex marriage ends, the process of divorce can present unique emotional and legal challenges. While the law treats all marriages equally, certain issues—such as asset division, child custody, and the marital home—can be more complex depending on how long the relationship existed before marriage equality was recognized. Understanding the legal landscape and planning strategically can make a significant difference in achieving a fair outcome. Asset Division and Property Rights Massachusetts is an equitable distribution state, which means marital property is divided fairly, though not necessarily equally. For same-sex couples, the challenge often lies in determining when “marital property” begins—especially if the couple shared assets long before they were legally permitted to marry. Courts generally consider assets and debts acquired after the marriage date as marital property, but they can also consider contributions made before marriage when deciding what is fair. To protect your interests, it’s important to document financial contributions, asset growth, and joint investments over time. Retirement accounts, real estate, and jointly owned businesses can be particularly complex to divide. Working with an experienced Massachusetts family law attorney ensures that all relevant financial details are identified and valued accurately during the divorce process. Child Custody and Parental Rights For same-sex couples with children, child custody is often the most emotionally charged part of divorce. Massachusetts courts determine custody based on the best interests

Division of Marital Assets in Massachusetts: Protecting Your Financial Interests

David M. Gabriel & Associates

One of the most critical aspects of divorce proceedings is the division of marital assets. In this article, we provide helpful and informative content on how Massachusetts law handles the division of marital assets and how you can protect your financial interests during this process. Understanding Marital Assets Before we delve into the division process, it’s essential to understand what constitutes marital assets. In Massachusetts, marital assets are generally considered to be any property or debts acquired during the course of the marriage. This includes real estate, bank accounts, retirement funds, investments, businesses, vehicles, and personal belongings, among others. However, it’s crucial to note that not all assets are automatically considered marital. Assets obtained before the marriage, inheritances, and gifts specifically given to one spouse are typically considered separate property and may not be subject to division. Nevertheless, commingling of separate and marital assets can complicate matters, making it crucial to seek professional advice to distinguish between the two. Equitable Distribution in Massachusetts Massachusetts follows the principle of “equitable distribution” when dividing marital assets. This means that assets are not necessarily divided 50/50 but in a manner deemed fair and just by the court. In determining what is equitable, the court considers various factors, including: Length of the Marriage: The duration of the marriage can influence how assets are divided. Longer marriages may result in a more even distribution. Contribution to the Marriage: The court assesses the financial and non-financial contributions of each spouse to the marriage. Contributions can include

Massachusetts SJC Changes Alimony and Child Support Calculations

David M. Gabriel & Associates

The Supreme Judicial Court’s recent decision in the case of Cavanaugh v. Cavanaugh has had a major impact on how alimony and child support are calculated in Massachusetts family court cases. The court’s decision, which was issued in June 2022, has revised the way in which income is considered when determining support payments, and has introduced a new approach to calculating alimony and child support in cases where both elements of support are involved. One of the key changes brought about by the Cavanaugh decision is the inclusion of employer contributions to retirement as income when determining support payments. This decision has significant implications for those who are going through a divorce, as it will impact the amount of support that is paid. Those who are seeking support payments, or who are going through a divorce, should understand the implications of this decision and be prepared to consider the impact of employer contributions on their support payments. Calculating Alimony and Child Support Another important aspect of the Cavanaugh decision is the introduction of a new approach to calculating alimony and child support in cases where both elements of support are involved. Previously, child support was calculated first, which often made an alimony calculation unnecessary. However, under the Cavanaugh decision, alimony should be calculated first. This new approach involves adding the alimony payment to the payee’s income and subtracting it from the payor’s income, and then using these new incomes to run the Child Support Guidelines. In September 2022, the SJC

Alimony Modification

David M. Gabriel & Associates

Representing the Husband. Defending against an increase in alimony. The parties with three children were divorced after 23 years of marriage. The Husband re-married. Some years later, upon emancipation of the youngest child, the child support ceased and the Wife commenced receiving a fixed amount of alimony pursuant to the terms of the divorce judgment. Thereafter, she filed a Complaint for Modification seeking an increase in alimony claiming that Husband’s income had increased substantially since the divorce. Husband’s income had increased substantially from $2700.00 weekly to $6300.00 weekly, however, Wife’s income had increased as well, and her financial circumstances improved. The matter proceeded to trial. After trial, the court found that Wife’s expenses were inflated and that her income far exceeded the expenses required to maintain the modest lifestyle enjoyed by the parties during the marriage. Wife’s counsel was repeatedly prevented over objection by Husband’s counsel from introducing evidence and testimony during the course of trial. Wife’s complaint for modification was dismissed based upon a lack of material or substantial change in circumstances.

Motion to Vacate Restraining Order

David M. Gabriel & Associates

Representing the defendant. The defendant was alleged to have assaulted and threatened a relative with physical harm resulting in the issuance of a 1 year restraining order. Defendant was not represented by counsel. Defendant retained our office. A motion to vacate the restraining order with extensive memorandum and supporting case law, was filed and allowed, resulting in the restraining order being vacated.

Underemployed Husband At Time Of Divorce

David M. Gabriel & Associates

Representing the Wife. The parties were married for over 22 years at the commencement of the action and had two children, ages 15 and 11, with special needs. The matter was tried. The court found that the Husband dissipated marital assets including retirement funds and was underemployed at the time of the divorce. The Husband demonstrated little if any interest in the children. The Wife received a substantially greater share of the marital estate and was granted sole legal and physical custody of the minor children, after trial.

Motion to Dismiss Husband’s Complaint for Modification of Custody

David M. Gabriel & Associates

Representing former Wife. Husband filed action concerning care and custody of minor child three years earlier. Wife previously moved out of state with court permission. Father failed to prosecute action. Mother filed a motion to dismiss Father’s complaint under the Massachusetts Child Custody Jurisdiction Act (Chapter 209B §7) and Forum non conveniens (M.G.L. Chapter 223A § 5). Mother alleged that the action was no longer properly before the Massachusetts, despite having been brought at a time when the parties were living in Massachusetts. Mother alleged that such an action should proceed in the child’s home state. The court agreed and the matter was dismissed.

Complaint for Modification of Child Support

David M. Gabriel & Associates

Representing the former Wife, in opposition to the Husband’s complaint, seeking to reduce child support. During the course of the proceeding, it was learned that Husband represented by way of affidavit in a collateral proceeding that his gross monthly income was substantially higher than as represented on his rule 401 financial statements. Mother through counsel conducted discovery, seeking former Husband’s business records, which Husband failed to produce after being ordered to do so by the Court. Mother filed a motion to dismiss for failure to comply with the Court’s discovery orders and for attorney fees, which was allowed.

David M. Gabriel & Associates

How Does Same-Sex Divorce Work in Massachusetts?

Division of Marital Assets in Massachusetts: Protecting Your Financial Interests

Massachusetts SJC Changes Alimony and Child Support Calculations

Alimony Modification

Motion to Vacate Restraining Order

Underemployed Husband At Time Of Divorce

Motion to Dismiss Husband’s Complaint for Modification of Custody

Complaint for Modification of Child Support

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