Marital property is distributed in Massachusetts divorce cases under the “equitable distribution” standard. Unlike some other states with “community property laws,” Massachusetts courts divide marital property in an equitable, or fair, manner. What is Marital...
Equitable Distribution
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Full Disclosure for Prenuptial Agreements
Peter and Petra are getting married. Peter has considerable assets, including several homes, vacation homes, and checking and savings accounts. He also owns a string of rental properties from which he receives income. He deposits the rental income into an account...
Estates of the Parties and Alimony
Suppose Grace and Will own a home and have pension plans. Now that they are divorcing, they want to know how a court would impose alimony payments. How do the respective estates of the parties factor into the court’s decision regarding alimony? What is alimony?...
Modification of Alimony Payments
Kelly and Alex were granted a divorce. The judge also entered a judgment for alimony payments that ordered Kelly to pay Alex $800 per month, along with providing health insurance for Alex. Kelly has not complied with the health insurance requirement, although she has...
Valuing Partnerships and Professional Practices in a Divorce
How does one value a share in a partnership in a divorce? How are professional practices valued in a divorce? People facing a divorce are often concerned about their financial futures. One such financial concern regards the valuation of shares in a partnership during...
Cars and Personal Items in Divorce
During the divorce process, most parties want to ensure that the end of the marriage won’t result in the end of their preferred lifestyle. How are cars treated during property division? How are other personal items of value, such as jewelry and antiques valued in a...
Property Attachment and Divorce
A property attachment is a possibility during divorce: either spouse under Massachusetts divorce laws may attach the other spouse’s real and personal property to ensure suitable support for the attaching spouse and children in his/her care and custody[1]. For...
Recovery of Damages in Cohabitation Cases
May a party recover damages from a former romantic partner with whom the party cohabited, where the party contributed significantly to the improvement of the common home? Say, for example, that two people live together but never marry. One of them happens to be in the...
Imputed Income in Unfortunate Circumstances
Under some circumstances, there may be income imputed to a party for purposes of calculating alimony and child support. For example, what if a party voluntarily changes careers to a less lucrative one or takes an early retirement? The court may impute income to that...
Intellectual Property Counts As Marital Property During Divorce
In what ways is intellectual property important during a divorce? Is it something that may be divided by the court between the parties? Intellectual property and domestic relations: Intellectual property includes patents, trademarks, copyrights, trade secrets, and...