Puppy love complicates property division in Massachusetts

David M. Gabriel & Associates

Massachusetts couples who are beginning the divorce process are often caught off guard with the sheer volume of details that need to be ironed out. Issues of property division and child custody usually top the list of priorities, but there are many smaller details that must be dealt with as well. Splitting one household into two, and working out which party will retain which assets, can be a very complicated procedure. Many spouses make assumptions about where the family pets will reside following a split. They are often surprised, however, when they learn that the other spouse holds opposing opinions on the matter. When couples cannot agree about where the pets will live, they often ask a judge to decide. Many states treat pets as marital property, and some judges will refuse to become involved in decisions over where they will live following the divorce. Others may address the issue, working out a detailed ‘custody’ arrangement that splits time with the pets between the two spouses. However, it is important to understand that no judge can make a truly comprehensive determination about what is in the best interests of a pet, simply because the judge is not familiar with the animal or its relationship with the parties. As with most property division issues surrounding a Massachusetts divorce, the best resolution is one in which the parties work together to find a solution that works best for them. It is important to try and keep the pet’s best interests at the

Former Dodgers owner back in court in high net-worth divorce

David M. Gabriel & Associates

When it comes to divorce settlements, many believe that once the ink is dry, there is little to nothing that can be done to alter the agreement. However, a very high-profile and high net-worth divorce is headed back to court a year after a settlement was reached, and may result in a different division of assets than formerly agreed upon. Many in Massachusetts followed the headline-grabbing divorce between Dodgers owner Frank McCourt and his wife Jamie McCourt. The couple reached an agreement in Oct. 2010. Jamie McCourt accepted $131 million in exchange for relinquishing her claim to co-ownership of the Dodgers. However, when her ex-husband sold the team in May 2012 for an estimated $2 billion, that agreement began to appear unbalanced. An attorney for Jamie McCourt points out that settlement was reached based on Frank McCourt’s estimate that the team would be worth no more than $300 million. That would put the division of assets somewhere in the ballpark of 93 percent for Frank McCourt, and 7 percent for Jamie McCourt. The most recent filing asserts that Frank McCourt committed fraud by misrepresenting the value of the team during the divorce process. However, even if he undervalued the Dodgers without any intent to defraud his wife, the divorce settlement could still be set aside and revisited. While altering an existing divorce agreement is uncommon and not easily accomplished, there are circumstances in which the original terms were reached using financial data that was substantially incorrect. As this case makes

Tips to ease matters of property division in divorce

David M. Gabriel & Associates

For many Massachusetts couples considering divorce, issues of property division are paramount. With the exception of child custody concerns, property division is usually the center of the majority of negotiations. As the time approaches to file for and work through a divorce, there are a few tips to keep in mind that can help to maximize one’s settlement in terms of property division. One piece of advice concerns budgeting. The time to work out a comprehensive household budget is before negotiations begin. Leave nothing unaccounted for, no matter how minor the expense may seem. Many spouses make the mistake of fighting to the bitter end to keep the family home, without understanding the actual cost of running and maintaining the property. In order to ensure a secure financial future, it is essential to understand the financial present. Another tip is to fully understand the state laws regarding marital property. Each state differs in their approach to the division of property, but each spouse should begin the process fully informed as to what is owned and by whom. This is especially important when it comes to assets that are less tangible than homes and cars, such as stock options and other forms of deferred compensation. Divorce can be an emotional time for spouses, even when the split is in the best interests of everyone involved. However, it is imperative that one makes reasonable, rational decisions when it comes to property division. The choices made now can affect both spouses for decades

Fathers’ rights issue in “Housewives” custody case

David M. Gabriel & Associates

The American judicial system has come a long way in recognizing the importance of fathers in the lives of their children. Many states have laws that recognize that mothers are not always the better parent simply due to gender, and that they should not have an automatic advantage in child custody cases. However, there is still a lag between the increasingly involved roles that many American fathers play in the lives of their children and the manner in which the courts, including those in Massachusetts, award custody and visitation. A recent celebrity case exemplifies the uphill battle that men still face in regard to fathers’ rights. In the bitter divorce between ‘Real Housewives of Beverly Hills’ star Adrienne Maloof and husband Paul Nassif, child custody has become a contentious issue. A judge recently ruled that Nassif’s access to his children be restricted to supervised visitation. This decision is the result of a temporary restraining order that Maloof obtained against her estranged husband, claiming that he is abusive toward their three sons. It is reported that the Department of Children and Family Services determined that there was no abuse. When the safety and welfare of children are concerned, courts in Massachusetts and elsewhere err on the side of caution, and rightfully so. In this case, Maloof has also stated that her husband carries a gun in his briefcase, leading the judge to order that the weapon be turned over to authorities. In the end, no one except the two halves of

Insurance matters play into property division during divorce

David M. Gabriel & Associates

During the midst of a Massachusetts divorce, there are a multitude of issues that must be addressed. Primary concerns are usually child custody arrangements as well as property division. However, taking the time to ensure that one’s insurance needs are adequately addressed can save a great deal of time, money and stress once the divorce papers are signed. One major concern involves health insurance. Making changes to existing health insurance policies can have a negative effect on both sides. If one spouse is no longer required to keep their ex on their policy, failure to remove them in a timely manner can equate to insurance fraud. On the other hand, someone who did not expect to be dropped from an existing policy could be in store for a nasty surprise at their next medical appointment. These issues should be detailed within the divorce settlement or decree. Another concern is life insurance. Many divorce agreements specify which party is required to maintain coverage, in what amount and for how long. Often this type of arrangement is made to ensure that alimony or child support obligations are covered in the event of death. However, it is important to keep an eye on these policies to make sure that the premiums remain paid and that the coverage is adjusted as needed (such as in the case of children who cross into adulthood.) Even auto insurance can be addressed during the process of property division. It is important to remember that while insurance may

Postnuptial agreements may ease property division upon divorce

David M. Gabriel & Associates

During the rush of excitement and anticipation that accompanies an engagement, many Massachusetts couples neglect to have a serious discussion about finances. Even fewer sit down and draft a prenuptial agreement. While the reluctance to address these issues at the onset of a marriage is understandable, it is not a wise financial move. There can be serious ramifications if the relationship ends in divorce and property division becomes an issue. Luckily, the exchange of vows does not mean that a couple has lost their chance to address their financial future. Many couples are turning to postnuptial agreements, which are a form of contract that addresses the same range of issues as a prenuptial agreement, but is drafted after a couple is married. Some couples choose to sign a postnup to avoid the repetition of financial problems they experienced during a previous divorce. Others simply want a measure of security as they move forward in their new relationship. The terms of a postnuptial agreement can vary between couples, but one common stipulation is that both parties are able to leave a marriage with the assets that they brought into the partnership. Just as with a prenuptial agreement, the drafting of a postnup forces the full disclosure of each partner’s financial standing, including assets and debts. This disclosure protects the validity of the agreement. However, it can also serve as a valuable tool to prompt a discussion about investment goals, debt management and retirement planning. One couple who opted for a postnuptial

Same-sex marriage an issue in ‘Pregnant Man’ divorce

David M. Gabriel & Associates

Many in Massachusetts may recall the nationwide coverage of a transgender man who has given birth to three children with his wife of nine years. The couple is now facing a divorce proceeding. Their divorce, however, requires the court to ponder issues of gender identity, and the couple now find themselves embroiled within the current controversy over gay marriage and divorce. The husband in this case was born female, but has undergone extensive surgery over the years, including a recent “final female-to-male gender reassignment surgery” which took place after the couple separated. He went through the legal process to have the state authorize his sex change, and obtained the required documentation prior to the couple’s 2003 wedding. He has also had his birth certificate and passport reissued to identify him as a male. When the couple split, the husband was granted temporary full custody over their three children after he showed video of his wife attacking him. The two are ready to move forward with their divorce proceeding, but have hit a bump in the courts. Despite all of his efforts to establish himself as a man, the judge who is presiding over the case has expressed doubt concerning how to proceed, and is still deliberating about the issue. This case will likely make new headlines in Massachusetts once the court determines how to proceed with the divorce filing. Same-sex marriage is not legal in the state in which the couple resides. Therefore, if the judge deems that the husband

Collaboration during divorce may ease property division strife

David M. Gabriel & Associates

When it comes to divorce, many Massachusetts residents think of it as a stressful, contentious and expensive prospect. We all have friends or family members who have gone through long and difficult divorce proceedings that ended with neither party truly happy with the outcome. However, there is another way to approach divorce that may eliminate many of the negative aspects of the process, and can result in a child custody or property division agreement that both parties can feel good about. The concept, known as collaborative divorce, began in 1990 with a family law attorney who had grown weary of the battles that couples wage at the end of their marriage. He wondered what would happen if attorneys and clients worked together to find a mutually agreeable settlement, rather than simply preparing for an ugly courtroom battle. The movement caught on, and there are now an estimated 22,000 lawyers across the country that are trained in collaborative divorce. The process aims to focus on the common goal of dissolving the marriage and allowing both spouses the ability to move on with their lives. Issues such as child custody and support, alimony and division of marital property are dealt with in a straightforward manner. In some cases, the parties and their attorneys meet together, which can make these negotiations much simpler and faster than a traditional approach, which requires a great deal of phone tag and relay of messages. In addition to a faster dissolution of the marriage, cost is another

divorce

Puppy love complicates property division in Massachusetts

Former Dodgers owner back in court in high net-worth divorce

Tips to ease matters of property division in divorce

Fathers’ rights issue in “Housewives” custody case

Insurance matters play into property division during divorce

Postnuptial agreements may ease property division upon divorce

Same-sex marriage an issue in ‘Pregnant Man’ divorce

Collaboration during divorce may ease property division strife

Categories

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help