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

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

After people divorce, most do not intend for any of their assets or property to pass to their former spouses. While people may remember to change their wills, they may wrongly believe doing so will automatically change the person to whom their life insurance and retirement accounts will go to. The beneficiary designations on such accounts and policies supersede any contrary information in a will, however. It is thus vitally important that people review their designated beneficiaries in a divorce. Intended account beneficiaries may not be changed while a divorce is pending. Prior to filing the divorce, people are able to change their beneficiaries. For certain types of retirement accounts, both spouses will have to sign the beneficiary change form, though. If people share a financial adviser, they should be aware that the adviser might inform the other spouse of a change in beneficiaries as well. If changes are not made prior to filing for divorce, people will have to wait until the divorce is final to make the changes. In some divorce cases, a spouse agrees to continue carrying life insurance to benefit the other spouse after the divorce. As courts will sometimes find that the life insurance should instead go to a different person, the former spouse for whom the policy was intended may be out of luck. Following the divorce, they should make certain their spouse reaffirms them as the intended beneficiary to prevent this from occurring. In a high-net-worth divorce, the division of property may be