Hiding assets is a hot topic in divorce. In Massachusetts, one of the court's goals in a divorce is to divide assets fairly--though not necessarily equally--between the parties. This is done through a process known as equitable distribution. The court also aims to...
During a divorce, the court divides the parties’ marital property in an equitable manner. In order to do so, the parties must truthfully disclose their assets and liabilities. But, what if they don’t? What if there is a misrepresentation in disclosing marital assets?...
In a recent case, the Massachusetts Appeals Court considered whether a workers' compensation settlement constituted marital property in a divorce. During a divorce, the court divides the property of the spouses' in an equitable manner. Simply, equitable means fair --...
During a divorce, the court divides the parties’ property in an equitable manner. In order to do so, the parties must truthfully disclose to each other their assets and liabilities. What happens when one spouse is dishonest, or even fraudulent, in his or her...
Regarding equitable distribution of the marital estate in a divorce, does federal law preempt a Massachusetts judge from dividing a spouse's federal veterans disability benefits? The Massachusetts Appeals Court decided that question in a recent case. Facts of...
Family lawyers want a fair distribution of marital property for their divorce clients. Valuation of a spouse's small business poses a challenge to achieve that goal. This post addresses how forensic accountants put a price tag on a small business for marital property...
When it comes to dividing marital property in a divorce settlement, probate courts adhere to the adage, “waste not, want not.” Dissipation of assets involves a spouse in the throes of divorce, separation or annulment disposing. The spouse hides or shifts marital...
Earnings of small business owners are marital property. To avoid equitable distribution of their business assets upon divorce, some spouses try to hide money. This post shows how business owners shield assets. Also, the post examines how divorce lawyers and forensic...
Typically, the Massachusetts Probate and Family Courts look to the marriage duration to determine the duration of alimony payments. The Alimony Reform Act of 2011 put in place specific calculations on alimony duration. Courts are reluctant to veer away from those...
Imagine: Five years ago, you married your spouse in Massachusetts. During this time, you had two children, shared a marital home, had a business together, and shared countless other assets. You have decided on filing for divorce, but things have gotten a bit...