Property Division

Social media use may lead to divorce and property division

People in Massachusetts get divorced for a plethora of reasons, including financial disagreements. When people are fighting over asset distribution and property division, they may quickly turn to social networking sites to publicly share their feelings and find emotional support. However, according to research, this same outlet that divorcing people sometimes use to vent may be the very thing that caused them to get a divorce in the first place. A new study showed that using Facebook and other similar social media sites is linked to having trouble in relationships and pondering divorce. This may be because these sites let users reconnect with people they dated or were married to in the past. In addition, they easily allow people to privately and continuously maintain romantic relationships with people other than their spouses. The chance of having a marriage that lasts long-term is only 50 percent, and social media has not helped these odds. This is why it’s beneficial to discuss the use of social media with one’s spouse. The two parties can then come to an agreement on ground rules related to how they use these sites, such as whether it’s okay to reconnect with past boyfriends or girlfriends. However, even when taking steps to control social media usage in a marriage, marital unions sometimes fail despite how hard people try to make it work. The best way to protect oneself from the financial perils of divorce is to develop a prenuptial agreement that addresses how assets and income will

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Beyond equitable distribution: the financial impact of divorce

When facing a divorce, a Massachusetts couple will likely consider equitable distribution of things, such as which spouse will keep the house, child custody and spousal support. However, there is much more to the divorce process than just equitable distribution of assets and property. There are long-term financial consequences that should be considered by both parties when working through a divorce. A divorce can have a major financial impact on an individual and family. Before or during the early stages of a divorce, it is beneficial for both parties to gather the financial information all assets. This includes retirement funds, long-term savings, vacation properties and more. Organizing tax records can also expedite the process of determining child and spousal support. Massachusetts couples may not ever consider which spouse will carry the debt burden leftover from the marriage. This is especially important for a couple who has a large amount of debt from credit cards, medical bills or a mortgage. This may make it difficult to establish separate finances, but it can be done with the correct preparation and legal guidance. It should be noted that couples should clearly designate in a divorce settlement how retirement funds and other long-term savings will be divided. Separating finances is one of the most complicated aspects of a divorce. Equitable distribution is a common goal for many individuals facing a divorce, but the long-term impact of financial distribution should be carefully considered. When an individual enters the divorce process with clearly established goals and

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Financial aspects of property division should be considered

The financial repercussions of divorce in Massachusetts can affect all parties going through the process. Fees and other expenses related to the proceedings can at times be burdening for some parties, but the monetary implications do not end there. Property division decisions can continue to affect individuals’ finances after the agreements have been made and the ownership of assets determined. Taxes are a big reason why division of the assets can have a considerable financial impact. If taxes are not considered when dividing property, an individual may find that they did not come out as well as they may have imagined. Therefore, it is important to examine assets from an after-tax point-of-view that will allow the true worth of certain property to be determined along with how that could affect the receiving party. Determining who will maintain ownership of the home can also play a significant role in the division process and affect the finances of the parties involved. If one party maintains ownership of the house and the other moves to a different location, looking into the tax implications of such a transfer could be prudent. There are also different aspects to consider if both parties maintain ownership of the home while only one of the individuals remains living in it. The property division process can be a complicated one in some situations. As a result, understanding how the proceedings are handled in Massachusetts and what regulations could come into play may lead to a less stressful procedure. Many

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Property division discussions could help Massachusetts couples

When Massachusetts couples are planning their weddings, the idea of also planning for their divorce may not be on their minds. However, taking some precautions before a marriage could ease the process if a divorce does take place in the future. Property division can be a difficult process to work through, but if couples consider signing a prenuptial agreement, issues concerning assets may be less likely. By discussing a prenuptial agreement before marriage, an open line of communication about serious issues can already be established. As a result, the couple may feel more comfortable discussing other issues in the future, which could allow them to potentially have a stronger marriage. This discussion can also help a couple learn more about the other’s financial state of affairs and if there are any serious issues that need to be addressed before their accounts are joined. Because individuals are often opting to settle into careers and homeownership before marriage, there may be some assets that the parties would like to protect. A prenuptial agreement could protect certain property that an individual acquired before marriage and hopes to retain in the event of separation. By coming to these terms before marriage, preparation can be had for a situation that may not arise but that they will nonetheless be able to navigate more smoothly on the chance that it does come about. As mentioned, discussing divorce while planning a marriage may be unseemly to some, but it could also help potentially strengthen a marriage. Discussing

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Court issues ruling for complex property division case

Fortunately, many Massachusetts couples are able to reach an agreement on their own as an alternative to prolonged litigation and court involvement. However, divorce can often produce such intense feelings of hurt and anger, which causes feuding during the litigation process. As one couple discovered, warring through litigation can be expensive, but it can also affect the amount awarded during property division. Reportedly, the petition for divorce followed a domestic dispute that became physical, ending a 19-year marriage in 2007. The parties share two children, and the divorce has lasted nearly seven years. The case began gathering public attention from the start, taking on increasing interest when the wife accused her estranged husband of squandering large amounts of money on his girlfriend while allegedly neglecting the financial needs of his hearing-impaired daughter. The negative exposure drastically affected the man’s ability to attract clients and reduced the value of his interest in the law firm in which he was a partner. Though the woman had a right to complain about her husband’s actions, the court ruled that, based on the level of negative attention surrounding the divorce — largely caused by the wife, his ability to earn money was adversely affected. As a result, she was only awarded 17 percent of his interest in the law firm. It is uncommon for courts to make such a seemingly inequitable award unless special circumstances are present. In this case, the wife’s actions negatively affected her husband’s livelihood; therefore, the court curtailed her right

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Proposed bill prohibits dating while residing in marital property

When married couples decide to terminate their marriage, there is always a lot to consider, such as who will be the one to move out of the current residence. In many cases, one of the spouses will remain in the home during the divorce process, until the division of all marital property has been decided. It is not uncommon for individuals entering a new relationship before the divorce is finalized, unfortunately a recent bill that has been proposed in Massachusetts, may prohibit the couple from conducting their relationship while the marital home. The proposed bill will affect proceedings in which a shared residence and/or children are involved. If passed, the bill would prevent the spouse living in the marital home from dating or engaging in a sexual relationship within the house until the divorce is finalized. All aspects of the divorce must be resolved — including property division, custody arrangements and alimony agreements. The new bill was first presented last year, but has not been reviewed. An extension was granted for consideration in the state legislature until the end of June. If the bill passes and is signed into law, divorcing spouses would no longer be able to bring partners from a new relationship into the marital home until the divorce is finalized, including the determination of any issues regarding child custody or the finances between the parties. A divorce in Massachusetts is not deemed final until a minimum of 120 days from when it is granted. However, the bill

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Determining property division in Massachusetts divorces

No matter how you slice it, divorce is typically abounding with emotion. Dividing one life back into two can simply be a mentally draining process. Massachusetts couples, like couples all across the country, just want to make sure they will be financially prepared for their new separate lives. For many, this requires careful negotiation and knowledge of applicable laws during the property division phase of a divorce. Protecting personal assets is one of the biggest concerns in a divorce. There is a big difference between community or marital property versus separate or personal property. However, rules regarding each individual asset can be somewhat tricky. One type of asset that is considered personal or separate property would be an inheritance or gift that was given to one spouse before the marriage and would not be subject to division. Other assets like the marital home, retirement accounts and formed businesses could be considered both separate property and marital property, depending on what paperwork the couple has to show for each item. Assets that are considered marital property are typically subject to an even distribution between each spouse, including the home and any debts shared between the couple; however, if either spouse has sufficient documentation that the asset belongs to them, it may be considered personal property and not subject to division. Things in this category include funds in retirement accounts before marriage or any residence paid for specifically by one spouse — just to name a few. While proving these items are

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Property division options for a Massachusetts divorce

For residents of Massachusetts who are facing divorce, a subject that is always raised is property division. It can be confusing when deciding who gets what involves the dwelling where the spouses have lived while they were married. There are several options on the property division path that can be taken, depending on the particular situation of the couple. How well the two people get along can be a huge factor in deciding what to do with a house. Many times selling the house and splitting the money is the best option if the couple gets along. This would allow each person to walk away and begin a new life. If the relationship has gone sour and the two just cannot work things out amicably, the court may decide any division necessary. There are times when one spouse wants to stay in the house after the divorce — often when children are involved. Sometimes the parent who chooses to stay in the home will buy out the interest of the former spouse. In this case, lenders may require proof that whoever stays in the home will be able to make all payments. Even if one spouse has been bought out, however, the court can still require that spouse to help make mortgage payments to ensure the children are given proper dwelling provision. On the contrary, if there is negative equity in the house, it cannot be sold to completely pay the total amount owed, so the couple will have to

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