Yankees Manager Headed for a Divorce

David M. Gabriel & Associates

Residents of Massachusetts might be interested to know that the rival of their popular baseball team, the Boston Red Sox, experienced some sad news on the divorce front this week. The wife of the general manager (GM) of the Yankees, Brian Cashman, has filed for divorce, says a recent report from the Associated Press. The GM’s soon-to-be-ex wife filed papers for divorce in Stamford, Conn. No doubt after the divorce proceedings progress, more facts will filter to the public. It is unknown at this time if spousal support will be pursued by Cashman’s wife. This move to file for divorce, which is likely to be like other high asset divorce cases that consider the financial needs of the couple, occurs only one day after prosecutors charged another female with stalking the Yankees GM and trying to extort money from him regarding an affair outside the marriage. This news report indicated that Mary Cashman’s lawyer offered no comment and that Brian Cashman’s lawyer also had nothing to say about the case. According to the report, the name of the woman who was charged with harassing Cashman had threatened to damage his public image if he did not fork over thousands of dollars. The lawyers for the accused woman also denied this allegation, claiming that Cashman changed when the relationship between them had soured. It remains to be seen whether future developments in the Brian and Mary Cashman divorce case will shed more light on any relationships that might have existed between

State’s marriage equality follows Massachusetts’ example

David M. Gabriel & Associates

Residents of the state of Massachusetts might be surprised that, when the Washington state legislature last considered the issue of gay marriage, its response was to ban the institution. That ban has not stopped issues related to gay rights from resurfacing in the state. More than a decade later, the state lawmaking body is considering this issue again. This news comes after other recent legislative efforts in the last few years that have granted more rights under the law to gay and lesbian partners. If gay marriage legislation passes this year, the state of Washington would become the seventh state, in addition to Washington, D.C., to make same-sex marriage into a legal institution. People who are following this issue nationwide should know that these bills are being advanced by gay lawmakers, intent on making legal strides for citizens of Washington. Before gay and lesbian couples will be able to celebrate the legalization of same-sex marriage in Washington, these bills must go through the legislative process. First, these bills will be heard in a public hearing in their respective House and Senate committees. The spokesman for the Human Rights Campaign, Michael Cole-Schwartz, gave this remark: “If there’s one word to sum up where Washington is on marriage equality, its momentum.” Washington could follow the example of Massachusetts, which has already legalized gay marriage. Other states that have legalized this right for same-sex couples are: Connecticut, Iowa, New York, New Hampshire, and Vermont. More information about same-sex couples’ rights, including how to

Vanessa Bryant scores big in her divorce from Kobe Bryant

David M. Gabriel & Associates

A recent article discusses the high-asset divorce of Kobe Bryant from his soon-to-be ex-wife. As Massachusetts residents know, divorce settlements can be tricky. Even so, the process has been a financial success for the basketball player’s former partner. According to reports, Vanessa Bryant will come away with three Newport Beach mansions. However, the homes are just a portion of it. A source says that she will receive around $75 million in the divorce settlement. This is half of the couple’s high net-worth. The celebrity couple did not have a prenuptial agreement. Because California is a community property state, Vanessa may have a right to half of Kobe’s earnings during their decade-long marriage. The NBA player is reported to make around $25 million this year. In addition to financial matters, the separation contemplated the fate of the couple’s children. Child visitation and custody issues are a recurrent theme in many divorces. The result of arrangements can impact a child’s life. Vanessa requested joint custody of the couple’s two daughters. She also asked for spousal support. In any event, a source reports that the couple recently reached a settlement out of court with help from attorneys. As one can see, the division of assets can be complex–especially in marriages with an abundance of marital property. Also, the separation process can impact the kids’ living arrangements. Fortunately, with legal assistance, Kobe and Vanessa Bryant reached an amicable agreement. If you are struggling with a complicated separation or divorce, you may also want to

Lifetime alimony: Is it time for the laws to be updated?

David M. Gabriel & Associates

The hard felt economic downturn has affected everyone in the country at some level. Particularly hard hit are a number of individuals in New Jersey who at one time or another were ordered to pay their former spouse lifetime alimony. This disparity has primarily impacted men who over 30-years-ago, when the law was first adopted, were the principal wage earner for the household. At that time, most women were responsible for managing the home and caring for the children. But, today, the roles of men and women in the workplace have changed dramatically. Yet, the existing spousal support laws have yet to catch up with the modern day norm. It is this current imbalance that has precipitated New Jersey groups to garner the attention of some of the state’s politicians. The problem is this, the lifetime alimony laws do not take into account changes in circumstances, like a decrease of income, without a successful petition to the court. With many baby-boomers entering into retirement, those individuals responsible for paying lifetime alimony may not be bringing in the same amount of income as they did the time the spousal support was ordered. This shift in income is causing many payors to slip further into dire financial situations such as bankruptcy and foreclosure. Still, they are responsible for keeping up with their spousal support payments. Nine states such as Arizona, California, Louisiana and Wisconsin are considered community property states — under most circumstances everything is split equally. Massachusetts got rid of their

Same-sex divorce bill in D.C. closes unfair loophole

David M. Gabriel & Associates

Massachusetts residents may be interested to know that pending legislation in the District of Columbia is designed to offer protection to same sex couples who married in the District and want to divorce, but now live in a state that does not recognize the marriage. To date, in addition to the District of Columbia, six states allow same-sex marriage. The proposed bill is titled the Civil Marriage Dissolution Equality Amendment Act of 2011 and is expected to come to a vote in early 2012. In effect, it allows same-sex couples no longer living in Washington, D.C., to process their divorce there under certain conditions. Previously, the law required that one party to the marriage live there for at least six months prior to filing for divorce. The bill was cosponsored by eight of the D.C. Council’s 13 members. It is considered necessary because states that do permit same sex marriages have no mechanism for providing a divorce between a couple lawfully married in another jurisdiction. For the law to apply, the couple must have been married in the District. Since so few states currently provide for same-sex marriage, the District of Columbia appears to offer an important safeguard for those wishing to divorce. The law in this area is constantly changing, and those affected would likely benefit from consulting an attorney experienced in family law and procedures as they apply to same-sex marriage. In enacting the proposed legislation, the District will be closing a loophole that seemingly leaves some same-sex

Florida alimony under attack in state legislature

David M. Gabriel & Associates

Florida alimony laws may be tumbling down like London Bridge. Not long ago the state legislature passed a new law that essentially reserved permanent awards of alimony for long-term marriages ending in divorce. Now there is a move underfoot to limit it further by abolishing permanent spousal support. These changes reflect a groundswell across the country, led by reforms of antiquated laws in Massachusetts and attempts to do so in New Jersey. The new Florida bill pending in the House of Representatives would award alimony based on the length of the marriage but would terminate on the retirement of the paying partner. One man who was required to pay lifetime alimony after a marriage of 14 years is part of the Florida Alimony Reform group, which has redoubled its efforts for change after passage of the reforms in Massachusetts. The group argues that, if the proposed law passes, those currently subject to onerous spousal support awards should be able to go to court to get their orders amended. But others suggest Florida is a more conservative state than Massachusetts and unlikely to go to the same extent in amending its laws. While there appears to be general agreement that reform is needed, some argue that any change should not hurt homemakers who stayed at home to raise families instead of pursuing careers. While it remains to be seen how the issues will be resolved, those facing spousal support issues would do well to consult an attorney experienced in all aspects

Woman to pay alimony to ex-husband doing time for raping her

David M. Gabriel & Associates

A lot of Massachusetts residents were outraged to learn of a bizarre twist in California law that is forcing a sexually assaulted woman to pay alimony to her incarcerated ex-husband. A judge there has ordered the 39-year-old woman to pay spousal support in the amount of $1000 a month to the man who raped her once he is released from prison. In addition, the woman must also pay an estimated $47,000 in legal fees that her husband spent in order to win the alimony case. The California judge who made the ruling has said that under current California family law, he had little other recourse. His ruling, he said, was made because the man had not tried to kill the woman, which is the only time alimony is not justified. What discretion he had he used to side with the ex-husband, stating that the 12-year marriage and the fact that the wife made more money helped him to come to a decision. The ex-husband is scheduled for release from prison in 2014, and it is at that time that the woman would have to begin making alimony payments to him. Whether one agrees with the judge in this case or not, the story illustrates how alimony and spousal support can become complicated issues. Massachusetts residents who may be in need of their own divorce and alimony resolution may wish to work with a legal professional skilled in family law. Divorce and alimony issues do not have to become this complicated.

Yankees Manager Headed for a Divorce

State’s marriage equality follows Massachusetts’ example

Vanessa Bryant scores big in her divorce from Kobe Bryant

Lifetime alimony: Is it time for the laws to be updated?

Same-sex divorce bill in D.C. closes unfair loophole

Florida alimony under attack in state legislature

Woman to pay alimony to ex-husband doing time for raping her

Categories

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help