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

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;

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

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

Complex property division at core of high net-worth divorce

David M. Gabriel & Associates

There are many instances of divorce where complex property division issues arise. This is especially the case where the individuals involved are part of a high-profile couple. Regardless of whether the divorce is filed in Massachusetts or anywhere else, the fact is that the more assets there are, the greater the disputes and the more complex the property division issues. A recent example comes from the pending divorce of Frank and Jamie McCourt. Frank McCourt is the owner of the Los Angeles Dodgers. He claims sole ownership of the team, although his wife says it is community property and as such, she believes she is entitled to half its value. That issue is yet to be decided, and the ultimate question of the outlook of the Dodgers will have to await a separate bankruptcy determination regarding the baseball franchise. A prolonged battle concerning the complex property division disputes is anticipated and a divorce trial is expected to start in the spring or summer of 2012. The lawyers have highlighted that, apart from complex property division matters, including two properties in Massachusetts, permanent spousal support and ownership of the baseball franchise remain major stumbling blocks. And all issues concerning the Dodgers hark back to the pending bankruptcy proceedings. This adds to the complexity of the matters at hand with divorce and complex property division, as well as bankruptcy issues overlapping one another. While Frank McCourt hopes to retain control of ownership of the Dodgers, that decision may be taken out of

Could a postnuptial agreement actually save your marriage?

David M. Gabriel & Associates

One important tool that is often forgotten about when it comes to family law is the postnuptial agreement. This week, the Huffington Post featured an interesting article explaining how a postnuptial agreement can actually help many couples whose marriages are on the rocks. Postnuptial agreements are like prenuptial agreements in that they are both contracts that spell out what would happen in the case of a divorce, only postnuptial agreements are entered into after the couple has been married and prenuptial agreements are entered into before the marriage. The article gave the scenario of a couple who had been fighting over financial issues and was hastily considering a divorce. The wife, worried and anxious about where a divorce would leave her, went to a local family law attorney for advice. The attorney told the woman that divorce was not the couple’s only option and that there were alternatives available like filing for legal separation or executing a postnuptial agreement. The woman talked to her husband and soon they agreed that a postnuptial agreement was right for them. She said the agreement they reached gave them both peace of mind knowing exactly what would occur should they choose to split, and also helped them to address the disagreements regarding finances that they were having. Many people overlook postnuptial agreements as an effective tool in a family law attorney’s toolbox. Not only do they allow the couple to plan for divorce before the emotions rise, they are also a way to potentially

divorce

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

No divorce marriage: Gay couples challenge Texas divorce law

High net-worth divorce two decades in the making

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

New Massachusetts alimony law places restrictions time periods

Complex property division at core of high net-worth divorce

Could a postnuptial agreement actually save your marriage?

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