No divorce marriage: Gay couples challenge Texas divorce law

David M. Gabriel & Associates

What defines “marriage”? The Texas Supreme Court has to evaluate that very question. They are charged with the task of deciding whether they ought to continue defining marriage as the union between one man and one woman. In essence, theirs is the task of deciding whether or not gay marriage ought to be legal in that state. Currently, two cases involving same-sex couples who married in Massachusetts and filed for divorce in Texas are before the courts. Because gay marriage is illegal in Texas, it is also illegal to divorce a same-sex couple in that state. Texas courts can declare the marriage void, but they cannot grant a divorce — at least not yet. The two couples married in Massachusetts are pushing for change in Texas. However, for a gay divorce to be granted, the state would have to recognize that the marriage was valid in the first place. In 2005, a constitutional amendment that defined marriage as the union of one man and one woman was approved by 76 percent of Texas voters. The Texas Family Code also similarly defines marriage as the union of one man and one woman. Because of those definitions, Texas courts can only grant divorces in cases where the marriage fits into those parameters. Therefore, same-sex couples do not qualify either for marriages or divorces. Same-sex couples’ rights have been a hot topic across the United States in recent years. It is a polarizing issue that has caused heated debate. Laws are not static;

Everything but marriage faces changes in 2012

David M. Gabriel & Associates

Massachusetts is one of the six states that currently recognize marriage between same-sex couples as legal, but gay rights activists claim progress is far from here. The news the year has been ripe with the trials and tribulations all couples face when going through a divorce, same-sex couples have not been excluded from these hurdles. With the privilege of marriage, couples face the possibility of divorce — regardless of the gender of the couple. Same-sex couples now are encountered the legal fallout of trying to obtain a divorce in states that do not recognize their marriage as legal. This has caused difficulty in obtaining fair property division. Not to mention, trying to come up with a parenting plan between the couple when only one of the parents is the biological parent and there is an issue of custody to begin during the couple’s impending split. Now, there is buzz in the state of Washington that it may become the seventh state to recognize same-sex marriage, but in order for this to happen there is an uphill legislative battle to climb. While Washington appears to have strong public support to legalize gay marriage, support in the legislature is what is required in order for this legislation to pass. Two years ago, Washington voters backed legal rights for same-sex couples. The legislation nicknamed the proposal the “everything but marriage” passage. Essentially this means Washington recognizes rights for same-sex couples such as prohibiting discrimination against gays in employment and housing issues, as well

Same-sex marriage and divorce a “taxing” problem?

David M. Gabriel & Associates

With more states permitting same-sex marriage, many same-sex couples have discovered the hard way that federal tax reporting for them is complicated and expensive. The same holds true for many state tax issues. These same tax hassles can become an issue when non-traditional couples who live in Massachusetts decide to file for divorce. The main reason that taxes, and finances, have become an issue is because the federal government has yet to recognize same-sex marriages. And since many states also do not recognize same-sex marriages, the problem is only compounded. For many of these couples, professional help in the form of accountants, lawyers and financial planners may be essential. To illustrate how complicated this can get, consider this: Married same-sex couples must file separate federal tax returns; this is a simple matter of fact. They can file joint state returns in Massachusetts, New Hampshire, Iowa and Vermont. This is true also for New York, Connecticut and the District of Columbia, where the marriages are legal. They can also file joint state returns in Oregon and California, as well as New Jersey and Illinois, which recognize civil unions. It’s obvious that same-sex couples have a lot more challenges than others. Also, same-sex couples face financial issues that heterosexual marriages do not, such as the tax issue listed above. Knowing in advance what those challenges may be can help make the transition into marriage smoother. However, sometimes those additional challenges can be the catalyst to end what was once a happy union.

High net-worth divorce two decades in the making

David M. Gabriel & Associates

Divorces happen all over the country every day; from Massachusetts to Florida, from the rich, to the not so rich. One high net-worth divorce in New York is making a headline splash all over the world. Rolling Stone magazine’s founder Jane Wenner and his wife of 43 years have divorced. Jane Wenner filed for divorce in the New York Supreme Court last June. The high net-worth divorce comes two decades after Wenner the couple, who are said to remain friendly, separated. But now they have finally signed on the dotted line and gone their legal separate ways with a tight-lipped multimillion-dollar settlement agreement. News of the divorce brought rumors that the Wenner Media publishing company would fold. In addition to the iconic rock music magazine, Wenner’s company also owns Us Weekly, Men’s Journal and Family Life magazines. However, it appears the couple settled everything amicably. The former Mrs. Wenner will reportedly receive a large cash amount. Wenner Media has reportedly made its founder $500 million. The former couple has already placed the company into a trust and will continue to share the profits. The couple’s three children and some nieces and nephews hold ownership interests as well. Since splitting from her husband nearly 20 years ago, Jane Wenner has stayed on as the company’s vice president. She helped her husband found the company in 1967 when he borrowed $7,500 to start his first magazine, Rolling Stone. Since then, Wenner’s empire has grown exponentially. He now owns a 6,300-square-foot home in

Another Hollywood high net-worth divorce is finalized

David M. Gabriel & Associates

As many in Massachusetts are well-aware, divorce often involves a lot of complicated issues that are not easy to resolve. Frequently, there are contentious issues relating to the division of marital property and the equitable division of assets. This is especially true in a high net-worth divorce where the financial assets involved may be exceedingly difficult to unravel. Those involved in or seeking a divorce may be interested to learn that actress Olivia Wilde recently finalized her divorce. The 27-year-old actress married a man with whom she eloped when she was 18. However, the two separated earlier this year after being married for eight years. Additional information concerning what lead to the separation — including if it was for irreconcilable differences or for some other reason — was not available. The divorce was finalized when a Los Angeles Superior Court judge signed the necessary papers in late September. Although a news report did not list any details about the divorce agreement, it presumably involved a complex division of assets. Even over the course of eight years, couples accumulate items such as shared bank accounts and shared residences that are not always simple to split 50-50. However, the difficulty with dividing marital property in an equitable fashion is not limited to just high net-worth divorces. In any divorce in Massachusetts and elsewhere, those involved may well benefit from seeking the advice of an experienced divorce attorney. The attorney may be able to ensure not only that the final divorce agreement is

High net-worth divorce involves X-Men actor

David M. Gabriel & Associates

Massachusetts cinema buffs may be interested to know that couple James Marsden and Lisa Linde recently filed for divorce after 11 years of marriage. Marsden is known for his roles in X-Men and Straw Dogs. His wife is the daughter of Dennis Linde, who was the country songwriter who penned Elvis’ 1972 hit “Burning Love.” Although a representative for Marsden claims the decision is mutual, high net-worth divorces are rarely a clean process. Despite the comments of Marsden’s representative, Linde filed the divorce documents citing “irreconcilable differences.” She is seeking joint legal and physical custody of their two children. They share a 6-year-old girl and a 10-year-old boy. However, even when divorce is based on a shared decision and mutual respect, it often still results in a tangled web of issues. Here, the couple was married for 11 years with two children. As such, the divorce will necessarily involve complex property division and child custody issues. Linde is also seeking spousal support, which may prove contentious. The couple has probably already retained separate legal counsel, which is highly advised in cases like these. An experienced divorce attorney can prove invaluable in a high net-worth divorce due to the complexity of issues involved. The attorney may also be able to ensure that the result is fair and reasonable and in accordance with the wishes of the client. Indeed, any couple in Massachusetts and elsewhere seeking or considering divorce may benefit from consulting with an attorney. Except in a few rare instances,

Dodgers owner’s high net-worth divorce agreement final?

David M. Gabriel & Associates

Seven years ago, Frank and Jamie McCourt moved from Massachusetts to California to buy the Los Angeles Dodgers. At the time, of course, they did not know that a divorce was in their future. But it was. For months now, the couple has been struggling to hammer out the terms of their divorce settlement. On Oct. 17, they finally announced they had reached a settlement in their high net-worth divorce case. Under the agreement, Jamie McCourt will now support a media rights deal for the Dodgers which some estimate could be worth up to $3 billion. At one time, she opposed such a deal. The exact terms of the agreement have not been released, but it is estimated that she could get somewhere in the neighborhood of $130 million. A Los Angeles judge must still sign off on the divorce agreement in order for it to be binding and complete. One reason this high net-worth divorce has taken so long is because it was placed on hold so a Delaware bankruptcy court could take up the financial fate of the Dodgers. Motions on that case began October 31. Major League Baseball wants permission from the bankruptcy judge to file a reorganization plan for the team that would require McCourt to sell the team. This particular divorce illustrates how complex a divorce can become when there are high-net value assets to be considered. Couples who have real estate holdings, stock options, and other valuable marital property often are best served when

New Massachusetts alimony law places restrictions time periods

David M. Gabriel & Associates

On September 26, the Governor of Massachusetts signed a new law setting limits on alimony and providing guidelines for its determination in divorce proceedings. Previously, judges were permitted to award lifetime alimony regardless of the length of the marriage, a practice that was at odds with most other states. Indeed, the payments were often ordered to continue even after retirement and without regard to circumstances where the former spouse was living with a new partner. The new law significantly caps alimony by placing limits on the number of years a former spouse can receive payments, based on the length of the marriage. A marriage of five years or less, for instance, could result in an award of alimony up to half of the length of time the couple were actually married. At the other end of the spectrum, a marriage lasting 15 to 20 years could result in an award of alimony of up to 80 percent of the time married. The law will now end alimony payments upon retirement for most cases, a significant deviation from the old practice which prevented many from entering into retirement at all. Supporters of the new limits feel that the changes provide a safeguard for many men who are unable to modify their spousal support and ultimately end up in financial ruin. Observers note that many other states do not have specific time limit guidelines for alimony and suggest the Massachusetts law could instigate a national trend. Some believe the law could be

No divorce marriage: Gay couples challenge Texas divorce law

Everything but marriage faces changes in 2012

Same-sex marriage and divorce a “taxing” problem?

High net-worth divorce two decades in the making

Another Hollywood high net-worth divorce is finalized

High net-worth divorce involves X-Men actor

Dodgers owner’s high net-worth divorce agreement final?

New Massachusetts alimony law places restrictions time periods

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