Property Division

Couples must take time to discuss finances, property division

When a Massachusetts couple decides to end their marriage, the manner in which they choose to divide their assets is often the central focus of the divorce process. However, even couples who are unmarried can find themselves in need of property division assistance. In the absence of marriage, couples who share expenses can find little guidance in the division of accumulated assets and debts, leaving many in a precarious financial position. For couples who are not yet married but are sharing housing and other expenses, experts advise against pooling income and assets. A better approach is to simply divide the household expenses in a manner acceptable to all parties, then pay those bills from separate accounts. For example, a couple might agree that one party who earns significantly more will be responsible for the rent and utilities, while the other covers the cost of food and household supplies. Another important factor within a serious relationship is to have a series of open and honest discussions about each partner’s approach to money. This includes a full disclosure of existing debt, assets and income. It is also helpful to talk about future financial plans, such as savings and retirement goals. Having these talks can help both partners decide if the financial outlook of the other party is in line with their own. For those who decide to marry, detailed financial discussions can also make it easier to broach the subject of a prenuptial agreement. The process of drafting such a contract is

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Factoring Social Security into Massachusetts property division

For Massachusetts couples who are considering a late life divorce, the financial aspects of ending their marriage have a measure of urgency that differs from that experienced by younger spouses. Older Americans simply have less time left within the workforce to recover from serious financial losses. This gives an added weight to the property division decision-making process that comes with any divorce. For spouses who are facing the end of their marriage as retirement approaches, it is important to understand the ramifications that various property division choices can bring. One aspect of this involves determining the Social Security benefits that one is entitled to, and planning other retirement income and savings around those benefits. For example, many spouses are unaware that they are able to claim a spousal benefit based on the work record of a former spouse, even when the marriage ends in divorce. In order to claim the spousal benefit, the claiming party and the former spouse must both be at least 62 years old. The marriage must have lasted for at least ten years, and the divorce must be final at least two years prior to making the claim. In addition, the claiming spouse cannot be entitled to a higher benefit based on his or her own work record. These benefits, and the manner in which an individual chooses to claim their overall Social Security benefit package, can have a great deal of impact on their financial stability during retirement. For example, a Massachusetts spouse who can

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A prenup can help in the division of marital property

For Massachusetts couples who are preparing to wed, the timeframe leading up to the wedding can be filled with seemingly endless tasks. Financially savvy couples will include the preparation of a prenuptial agreement within those to-do lists. While virtually every couple is aware of the benefits offered by a prenup, few realize how important it is to ensure that the contract outlining the division of marital property is written properly. In the best case scenario, a prenuptial agreement will never be called into service, and will be just one of many protective financial measures taken by a family. However, if the need should arise to make use of the document, it will be vitally important that the prenup was properly drafted. Asking a court to uphold these contracts requires that they meet certain legal expectations. One example involves the circumstances under which the prenup was written and signed. If a spouse can prove that they were forced to sign the document under duress, the entire prenup can be thrown out of court. Interestingly, it does not take a major act of coercion to prove duress; simply signing the contract in the days or weeks leading up to a wedding can be spun as signing under threat that the wedding may not take place otherwise. One way to protect against a challenge to a prenuptial agreement is to ask the Massachusetts attorney drafting the document to maintain a record of all correspondence and communication between parties or within the presence of

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Property division requires cool heads, careful choices

Every Massachusetts spouse who goes through a divorce will have to navigate the process of dividing marital assets. This can be a difficult process, especially in cases in which the family holds assets that are complex and varied. However, even relatively “simple” divorce cases involve property division, and the choices made during this stage of a divorce can have a lasting impact on the financial health of all involved. One tip for avoiding unnecessary losses during property division is to approach the process with a calm, business-like approach. While it can be difficult to remove one’s emotions from the mix, this is exactly what is called for in order to achieve the most favorable outcome. Decisions that are made while under stress or feeling pressured are virtually never the best available options. Spouses should make every effort to begin and complete the property division process with a clear head and an eye toward the future. One way to assist in this goal is to avoid unnecessary contact with one’s soon-to-be-ex during this stage of the divorce. While there may need to be some level of contact, especially for those who share children, there are ways to minimize the interaction one has with their spouse, at least in the short term. Friends and family can help with transferring the kids between homes. Some spouses find it helpful to limit communications to email during this timeframe. Massachusetts spouses should keep in mind that divorce is a relatively brief period of time in

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Health insurance plays into property division

Having solid health insurance coverage is an important consideration for many Massachusetts spouses who are considering filing for divorce. In most cases, spouses who are covered under their partner’s employment benefits will lose that coverage once their divorce is made final. In these scenarios, it is important that the cost of obtaining new coverage plays a role in the property division portion of the divorce process. If and when the Affordable Care Act (ACA) is fully up and running, many people may be able to access health care at rates that they can work into their budget. This may give some the ability to move forward with a divorce filing. For those who have postponed divorce for a long time, the ACA may come as a welcome relief. There is no need to wait for the ACA to factor into one’s decision to divorce, however. By including the cost of health insurance into the property division negotiations, spouses can ensure that they have the financial means to purchase their own insurance coverage. It is possible to negotiate a settlement that either nets more in spousal support, or gives a greater share of assets that can offset the cost of buying insurance. As with all other matters surrounding a Massachusetts divorce, being fully informed about the manner in which divorce will affect one’s health coverage is important. Spouses who are aware of the ramifications of various settlement options are better prepared to make wise negotiating decisions. Divorce is a new beginning,

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Property division tips for Massachusetts couples

One of the most stressful aspects of a divorce is the process of dividing marital assets. This is understandable, considering that the results of the property division process will have a great deal of impact on each spouse’s financial stability in the years to come. Many Massachusetts couples struggle with property division concerns, and are unsure how to proceed once the decision has been made to end the marriage. One of the most important things to keep in mind when divorce is on the table is that the process of dissolving a marriage is, at the most basic level, a business transaction. While there is an undeniable emotional component to divorce, it is imperative that each spouse is able to focus on the decisions at hand in as objective a manner as possible. When it comes to divorce, emotions are best left out of the equation. A related issue that can lead to divorce trouble involves crumbling under pressure. There are bound to be times at which one’s grace and composure will be tested, However, losing control of one’s emotions and lashing out will only serve to weaken that individual’s position. While it can be a challenge, try to handle each situation with a calm head and an even keel. In many cases, Massachusetts spouses who experience a difficult divorce are in large measure responsible for that scenario. A wide range of property division problems can be avoided by simply removing the emotional charge from various situations surrounding a divorce.

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Bad advice can affect marital property and divorce in general

The list of bad advice and common misconceptions that is believed when it comes to divorce is endless. The problem is that many Massachusetts residents are believing this misconceptions, and those believes can cause problems while undergoing the complexity of dividing marital property and other aspects of divorce. A quick inventory of the most popular untruths can help anyone going through divorce avoid them and thereby make their divorce go easier and smoother. For example, many people improperly believe that all divorces are the same. This idea is simply impossible when you consider that some families must make decisions on child custody, while others do not have any children at all. Another one that has been floating around is that it takes a year for each four years of marriage to emotionally heal following a split-up. Well-meaning family and friends might tell you that you should be extremely angry at your ex-spouse. They might tell you that taking anti-depressants following a divorce is something everyone does. Lastly, you might tell yourself that your split-up is a sign that you are a failure in life. None of these are true and believing these kinds of lies can actually make your divorce process more difficult. When it comes to the complicated process of dividing marital property, making decisions on child custody, and dealing with the wild mix of emotions that crop up during divorce, no Massachusetts resident can afford to entertain untruths. People who are going through a divorce and get professional

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Pets more than just marital property in a divorce

Most Massachusetts pet owners would be horrified if their precious furry friends were referred to as property, akin to a chair or table. Many couples see their dogs, cats and other pets as true family members; however, in a court of law, pets are seen as marital property during a divorce. This is a difficult realization for many couples attempting to decide what happens to their pets when their relationship ends. It’s the incredible attachment people have to their animals that is making more people fight over them once they decide to end their relationship in divorce. Those watching current trends in divorce have seen an increase in couples attempting to receive joint custody of their pets. Many couples care for their pets as if they were children and when their relationship ends decisions must be made as to the continued care of their pets. Regardless of whether the discussion is related to pets, children, monetary assets or property, the end of a relationship can bring on heated battles in how these are divided and shared. Many couples attempt to deal with this alone, which can lead to negative feelings and make the aftermath of a divorce bitter. Some couples decide on alternative dispute resolution techniques in order to address property division. Massachusetts couples considering divorce or currently going through the dissolution of a marriage may have difficult decisions to make in regards to the distribution of marital property, including pets, as they go through the process of ending their

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