Why divorce for Boston’s same-sex couples is both more and less complicated

David M. Gabriel & Associates

Massachusetts is one of the few states in the U.S. that allows same-sex marriage. Regardless of how you feel about that, it is true that allowing same-sex couples to marry can greatly simplify some legal aspects of their lives together. One of those aspects is the end of the relationship, be that by divorce or the death of one of the partners. Take the case of two men from Minnesota. Although the partners of 25 years were married in San Francisco, Minnesota did not recognize their union. So when one of the men died unexpectedly at 46 without a will, the state’s default estate plan meant that his partner did not have legal standing the same way a wife would and thus did not automatically inherit anything. The surviving partner is now locked in a prolonged and complicated court battle in an attempt to recover what he believes should be his. Although such a scenario would not play out in Massachusetts, that doesn’t mean we have all legal elements relating to same-sex marriage smoothed out completely. If a same-sex couple wants to get a divorce, it can be trickier than a divorce for a heterosexual couple for several reasons. For example, because gay men and women were not allowed to marry in our state for so long, many couples have been unmarried partners for a long time, which makes their marriages look artificially short. That has implications for things like property division and spousal support. Finding an attorney who understands

Woman claims soon-to-be-ex spent $850,000 to earn mistress commission

David M. Gabriel & Associates

Boston shoppers who patronize the fancy department store Neiman Marcus (even if it’s just to look, rather than to buy) know that the luxury goods retailer is famous for its generous return policy. But that return policy is not good enough for one woman, who is angry that Neiman Marcus won’t let her return about $1.4 million in gifts from her soon-to-be-ex-husband. The woman, who is in the process of getting a divorce, believes that her husband purchased the items for her from a store employee with whom he was having an affair. She feels that he purchased the items not to make her happy, but to earn the employee a generous commission. This woman has sued Neiman Marcus over the issue and although her lawsuit is against the store and not against her husband, it is worth considering from a family law and divorce perspective, too. The woman claims that her husband went from spending about $100,000 per year at Neiman Marcus before he began having the affair to spending around $850,000 after the affair began. She says she did not know about the spending. In other words, what we have here is an issue in which one spouse’s dramatic spending was kept secret from the other and, obviously, that kind of spending can seriously deteriorate one’s financial condition, especially when you must go through the process of dividing up martial assets (like cash-on-hand) into separate assets. We do not know if this lawsuit will be successful, but it

A greater number of women are paying alimony to their husbands

David M. Gabriel & Associates

Alimony and child support in the past has been traditionally seen as something that men pay to their ex-wives. In this traditional role, women were expected to stay at home and take care of the children, and thus needed to be financially supported after a divorce. However, with gender equality becoming more widespread in Massachusetts and elsewhere, alimony and child support are now awarded to the husband in many cases. A nationwide study shows that divorce lawyers across the United States, including in Massachusetts, have seen an increase of women who pay alimony or child support to their former husbands. Around 56 percent of divorce lawyers report that they’ve seen more women paying child support and 47 percent report a higher rate of women who pay alimony to their former husbands. The reason behind this shift is simple: as women take over the financial responsibilities that were once the sole responsibility of men, courts are holding them to the same responsibilities that husbands alone used to face. This is especially true as many women are able to find higher paying jobs than their husbands in this bad economy. As can be imagined, not all women are happy about having to pay either alimony or child support. In several high-profile cases, several women had bitter disputes in divorce courts over this matter. However, even though many women can feel unfairly treated as they are ordered to pay alimony and child support, this shows a huge step for gender equality has happened.

Same-sex couples rights affirmed when lesbian mom files paternity

David M. Gabriel & Associates

Unfortunately, same-sex couples’ rights are sadly lacking in many parts of the country. While in Massachusetts, same-sex marriage is allowed and seen positively, in other places many of the same-sex couples’ rights are denied. Fortunately, in one state, clear progress can be seen when a lesbian mother has been allowed to file a paternity suit for her child in a groundbreaking case. Two lesbians had decided to make a family in 2006 in which they would adopt two biological daughters. Because at that time their state didn’t allow them to adopt the children as a lesbian couple, they each legally adopted a girl and raised the two together. However, in 2009, all of this changed. After the women decided to separate, one of the women moved to Norway, taking her legal daughter and leaving behind the girl’s sister and her shocked ex, who had not expected this drastic move. The two sisters didn’t even have the chance to say goodbye to one another. After investigating the various legal options available to her, the woman in the United States, fought for child custody by filing a paternity suit. While paternity suits are typically filed by fathers seeking to spend time with their children, a state law had passed which allowed for non-biological fathers to seek custody. After discussing the case, a judge ruled that the paternity suit was valid since it would be discriminatory to allow non-biological fathers to sue but not non-biological mothers. Massachusetts has traditionally been ahead of the

Michael Jackson’s bodyguard asserts paternity claims over his son

David M. Gabriel & Associates

For Massachusetts fathers, one of their most powerful means they can have to assert their parental rights is through paternity claims. Once initiated, an investigation whether the paternity claim is true can commence. If the claims are corroborated, this can allow for child custody changes or visitation to be modified accordingly so that the father can then share in his child’s life, depending on the facts and circumstances surrounding the case. The power of these claims can especially be seen in a new development in which a former bodyguard of Michael Jackson has stepped up and asserted paternity claims for one of Michael Jackson’s sons. The bodyguard claims that he is biological father of Blanket, Michael Jackson’s youngest son, and he would like to have visitation rights. In particular, he would like his terminally ill mother to be able to meet her alleged grandson before she dies. The bodyguard claims that he donated sperm for Michael Jackson to use when Michael Jackson expressed interest for an athletic child. Later, when the bodyguard met with Michael Jackson, the bodyguard asked whose child the boy was, and Jackson purportedly admitted that the sperm he used for the child was the bodyguard’s. The Jackson family, understandably, are wary of the claim. The bodyguard claims that he has no financial incentive for the child because he states he is already financially successful and that he doesn’t want anything but visitation rights with Blanket. He will provide his DNA for a paternity test and ask

Private eyes get involved in Massachusetts alimony cases

David M. Gabriel & Associates

For Massachusetts residents who are receiving alimony checks, it may be a good idea to look around your surroundings a little bit closer. Someone may be watching you. Interestingly enough, your behavior could have an impact on the status of the alimony payments you currently receive. In the past, alimony payments could be stopped when the ex-spouse who received payments was remarried. However, with shifting societal attitudes toward marriage and relationships, many unmarried couples live with each other and some couples never intend to get married. This, in turn, could cause problems for ex-spouses who are ordered to pay alimony to their former spouses who may be living with another partner without the intent to marry. Massachusetts Governor Deval Patrick signed a bill into law that included provision that says that if the former spouse who is receiving alimony is proved to be living with another adult, a family court judge has the option to decrease, suspend or end alimony payments. However, when the governor signed this bill in late 2011, he probably had no idea that the new law would create a boom for private investigators. Because of the rules, those who believe their alimony payments are unfair have the ability to hire a private investigator to determine their former spouse’s relationship status. At the moment, there is a lot of discussion as to whether or not these practices are ethical. Yet there is currently nothing that makes the use of private investigators in alimony disputes illegal, so courts

Drawn-out, contentious high net-worth divorce finally settled

David M. Gabriel & Associates

A high net-worth divorce case can be one of the most complicated cases for Massachusetts couples. In some cases, there are things which a partner is willing to part with easily. However, when the assets to be divided are substantial, as is the case for one couple, a high net-worth divorce case can quickly become more complicated and can take more time to determine the particulars. The couple was married for 15 years before deciding to split. After filing a divorce petition in October 2007, they began to confront the division of their assets they accrued over their marriage. In total, they had an estimated $71 million in assets. At first, it seemed as if separation, though not an easy task, would be relatively straight-forward. However, as the couple continued negotiating, they encountered certain problems. For instance, several allegations surfaced that the wife allegedly had an affair and purportedly was involved in illegal investigations. However, these and other issues were apparently resolved in a settlement, and it is said that the divorce will finally move forward. By April 2012, they had successfully split $46 million, or 70 percent of their assets and are currently discussing lingering money disputes. High net-worth divorce cases can be emotionally draining and understandably expensive for any couple, whether in Massachusetts or elsewhere. For those involved, an attempt to openly communicate with one another may pay dividends by reaching a reasonable settlement of all outstanding issues. In this way, even though the decision may be difficult

Finding fault in divorce — go “where no one has gone before”

David M. Gabriel & Associates

There is a reason why Americans choose to make the concept of a no-fault divorce part of their culture. While some might argue that no-fault divorces make it too easy to dissolve a marriage, it eliminates the process of assigning blame to one party which often results in long drawn-out proceedings with only bitter feelings tied in. For Salem residents, a high net-worth divorce can lead to a complex division of property. While the state of Massachusetts is no fault divorce state, it is also an equitable distribution state; meaning that a judge will decide what a fair distribution of property is — not necessarily a 50/50 split. Interestingly, the people of Great Britain are starting to see the benefits of no-fault divorces, as well. The Brits voted down the idea of a no-fault divorce back in 1996, but, over a decade later, many British residents are starting to rethink their stance on the issue. This likely is because of the petty arguments that have arisen during divorce proceedings, all in an effort to assign blame. Across the pond, in an effort to illustrate the extremes couples go to in order to put an end to their marriage, one woman complained that her husband requested that she dress up like a Klingon — a character depicted in the television show “Star Trek”. He also requested that she speak to him in the Klingon language. Yet another man argued that his wife purposely served him tuna casserole on a frequent basis

Why divorce for Boston’s same-sex couples is both more and less complicated

Woman claims soon-to-be-ex spent $850,000 to earn mistress commission

A greater number of women are paying alimony to their husbands

Same-sex couples rights affirmed when lesbian mom files paternity

Michael Jackson’s bodyguard asserts paternity claims over his son

Private eyes get involved in Massachusetts alimony cases

Drawn-out, contentious high net-worth divorce finally settled

Finding fault in divorce — go “where no one has gone before”

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