As its name may suggest, rehabilitative alimony is when one spouse makes payments to the other in order to help the receiving spouse get back on his or her feet after divorce. Its main purpose is to help the receiving spouse become employable and self-sufficient. Rehabilitative alimony is awarded for a predetermined amount of time after which the payments will cease. Rehabilitative alimony may be awarded without regard to how long the marriage lasted, but a judge will look at the length of the marriage when making a determination. Five years is the longest period a spouse can receive this kind of spousal support. In many cases a judge may award rehabilitative alimony when one spouse has been absent from the Massachusetts workforce for a long time. Other times, it may be awarded if a spouse is overcoming an injury or illness and needs financial assistance while recovering. The amount of rehabilitative alimony may undergo changes if the paying spouse loses a job or if one spouse experiences a significant change in income. If certain circumstances mandate the need, a judge may consider extending rehabilitative alimony. These circumstances include: — An unexpected event that delays the receiving spouse’s self-sufficiency — The receiving spouse has made every effort to become self-sufficient but is still experiencing hardships — And, the paying spouse will not suffer financial hardships from an alimony extension In many situations, rehabilitative alimony is good for both spouses. However, any time spousal support is an issue it is a
One of the biggest complaints that people in Massachusetts have after a divorce is that they simply didn’t know enough in advance. Everything can be very stressful if you feel blindsided all of the time, and you may end up with an agreement that does not give you what you’re after. Below are a few things you need to know beforehand: 1. The real value of your property. Remember that values for many things—like homes or cars—could have changed dramatically since you bought them. 2. What you want to do with your home. You and your spouse have to decide if you’ll get it, if he or she gets it, or if it’ll be sold so that the money can be split up. Knowing this in advance helps you plan for the future and find a place to live. 3. What your expenses will look like after the split. People often forget about things like utilities, which they’re used to splitting, and they’re shocked by the cost of paying them on their own. Remember that the overall cost goes up when you both pay separately. 4. How each decision plays into the next. For example, one woman hadn’t properly calculated what her expenses would look like, so she thought she had an affordable home. It turned out to be more than she could afford, though, and she was forced to sell and move after the split. Don’t go into a divorce without as much information as you can possibly gather.
When people consistently do not get proper sleep, their physical and cognitive performances slip. This is especially apparent behind the wheel of a vehicle as sleepiness slows reaction times. Although it is difficult to count precisely the number of car accidents in Massachusetts caused by drowsy drivers because it cannot be tested for like alcohol or drug use, the National Highway Traffic Safety Administration (NTSB) attributes thousands of crashes a year to it. These types of crashes tend to be very serious because the driver was unable to respond, unlike other situations in which conscious drivers attempt to avoid collisions. Also, accidents on high-speed roads, such as highways like Route 128, 93 or 90, where people often travel long distances have a likelihood of resulting in a drowsy driver. When a person is injured in a car accident, he or she could miss work, incur high medical bills and, in the worst situations, suffer permanent disability. If the negligence of another driver caused the accident, then the injured person might be able to win compensation with a personal injury lawsuit. Speaking with David M. Gabriel & Associates could help a person learn about the damages he or she might be able to recover. Attorney Gabriel might also be able to identify evidence of negligence in an accident investigation that would support a lawsuit.
One of the biggest dangers on Massachusetts roads today is distracted driving. With so many things competing for a driver’s attention, it’s no surprise distracted driving accidents are on the rise throughout the U.S. As states pass laws to curb dangerous driving behavior, safer choices behind the wheel can prevent distracted accidents from ever happening. According to a joint study by the National Highway Traffic Safety Administration (NHTSA) the most common cause of accidents was due to cell phone use. To protect yourself and others, take the following steps provided by the Governors Highway Safety Administration (GHSA): Turn it off. Cell phones are at the top of the distraction list, taking a driver’s eyes, hands, and attention away from the road. Before starting the car, turn your cell phone off or switch it to silent mode. Prepare before you go. If you are traveling to a new location, be sure to review the directions beforehand to have a clearer idea of where you are headed, even if you use a GPS device. Focus on driving. No matter how many years of driving experience you may have, it is never a good idea to multi-task behind the wheel. Avoid texting, drinking, eating, grooming, or smoking until you’ve reached your destination. Many families in Massachusetts have lost loved ones in auto accidents that could have been avoided if the other driver had simply paid attention to the road. If you have been injured or lost someone you care about in a distracted
When you have amassed considerable assets, the last thing that you want is to lose those assets if you get divorced. In a high-asset divorce, there are many factors that come into the picture when it is time to divvy up the assets. If you are facing a divorce and have real estate assets, there are some special considerations that you have to take into account. One of the top priorities is that you need to have the properties assessed. This is done by a Realtor and will give you an estimate of what the property is worth. Once you know that information, you can determine the actual value of the property by subtracting any loans that include the property as security. We know that many people are still trying to recover from the financial crisis that occurred. This means that some people might have properties that are in distress or have negative equity. We can help you to determine how those properties should be handled during the property division process. Once we know the value of the properties, we can determine how the property should be classified. This can involve looking into when the property was acquired, as well as how the expenses for the property were handled. It can also include the terms of a premarital agreement if there is one in your case. We also have to consider other assets that you own. We also must consider debts. Once we have all the financial information, we can
If you are divorcing your spouse, one term that you might encounter is Qualified Domestic Relations Order. Known as QDROs, these are decrees, orders or judgments for retirement plans to pay spousal or child support, or convey marital property rights to another person. To be valid, a QDRO has to contain very specific details, including: — Names of the plan participant and every alternate payee, along with their mailing address — The percentage or amount of benefits to be paid from the participant’s plan to the alternate payee(s) There are restrictions on QDROs as well, as none may award benefits or amounts that are unavailable under the provisions of the participant’s plan. When QDRO distributions are paid to minors or other dependents, the plan participant is the one with the tax liability. There are also ways to rollover all or portions of distributions from QDROs to make them tax-free. Your family law attorney is a good source to bring you up to speed on all that you need to know about Qualified Domestic Relations Orders. Make sure that you investigate these possible sources of income during divorce negotiations, as a regular divorce judgment will not be sufficient for you to receive any funds or distributions from the pension plan of your soon-to-be ex-spouse. Some divorcing spouses in Salem who both have pensions will agree to waive the right to each other’s benefits. In other circumstances, such as when one spouse wants to retain the marital home, he or she will
The states all deal with establishing paternity in their own way, and it’s important for unmarried fathers to know how this is going to work. In Massachusetts, the state will presume that a man is the father in the following situations: 1. If the man had been married to the mother in the past and if the child’s birth happened within 300 days after the end of that marriage. 2. If he attempted to marry the mother, but it did not end up going through, and the birth happened within 300 days after the attempt. 3. If, after the child was born, the man said—perhaps in writing—that he would care for the child, and if he then tried to marry or successfully married the mother. 4. If the man and woman began living together after the child’s birth, and if they openly acknowledged that the child was theirs. 5. If the man made a parental responsibility claim, saying he was the father, and if the mother did not object. There is one more stipulation that applies to children born prior to April 13, 1994. In these cases, the man is presumed to be the father if he and the mother agree to list his name on the birth certificate. There are some gray areas in here, of course, as the law is fairly open-ended, especially when referring to things like attempts to marry or acknowledgement that a child belongs to a man. As such, it’s very important for parents to
As an artist, perhaps you already know that some of your art may be considered marital property in Massachusetts. This means that it can be split up during a divorce, even if you created it and your spouse had nothing to do with it. The art is looked at as potential earnings since it could be sold for money, so it needs to be divided like the rest of the assets that you have. So, knowing this, you may be wondering if when you created the art matters. The truth is that it absolutely does. Generally speaking, the art that you need to split up is that which you made while the two of you were together. This is the same as the way you’d need to split money you earned while you were together. Anything done during the marriage will likely count. However, if you made the art before you got married, then it might be exempt. Art does not always sell right away. If you sold it during the marriage, the money will be divided, but, if it’s art that you brought to the marriage and never sold, it likely stays with you. Additionally, if you make more art after that divorce filing is put in, this is typically not going to be divided. The divorce process can take a long time, and you should not be prohibited from working while it plays out. As you can see, it’s very important to know how this works so that
Divorce can ruin a business if steps are not taken in advance to protect it. This is especially true when the co-founders of the business are the ones who are married. If you’re thinking about starting a company with your spouse, even if you feel like you’re never going to get divorced, it’s wise to have a plan in place. Most people ignore this because they don’t think they’ll get divorced, but it can sink the company if it happens. First off, some experts say its wise to make the agreement biased in favor of the business. Put in provisions that protect it even more than anyone’s personal interests. Next, set up buy and sell contracts in advance. One of the big issues is when one partner decides to leave and wants to sell of his or her ownership. Battles over how this should be done can take a long time, and an agreement that favors the seller may still harm the company. With the agreement in place in advance—and in favor of the company—you know what to expect. As you do all of this, be sure you have an accurate valuation done on the company. Never assume you know what it’s worth or let the other person decide. You both are going to be biased in this decision. A third party can give you a real-world valuation so that you know just what it’s worth and what a fair split looks like. Above all else, the key is to
Motor vehicle accidents can wreak havoc on your life. When a motor vehicle accident wasn’t your fault you may want to make a claim for damages. Everything you do starting from the day of the accident can make difference when litigating for damages. Below is a short summary of the most common do’s and don’ts for anyone after an accident. 1. Make sure you take pictures at the scene of the accident. Please remember to be safe when doing so. 2. Begin keeping a record or log of your related injuries. Write down what pain you feel, and for how long. Write down all the activities you can’t participate in or daily tasks you need help with because of the sustained injury. 3. Do not talk to the other driver’s insurance company. Decline any of their communication. Do not sign any papers that the other insurance company sends you. 4. Send all correspondence from anyone or any company (including your own insurance company) to your attorney. A lawyer is the only person who is actually and legally completely on your side after an accident. A win for you is a win for them. When clients come to David Gabriel and Associates after an accident, we understand that you are in crisis. Let us help you work through your injury and get you what you deserve.