In a recent case, the Massachusetts Appeals Court reviewed whether a testator may grant property while reserving to herself a power of appointment over the same property. Background: Skye v. Hession involved a testator who granted her home to her three daughters and...
Equitable Distribution
Articles written by an experienced Divorce and Family Law Attorney with offices in Boston | Andover | Newburyport | Newton
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Divorce Property Assignment Factors
Sam and Sally are going through a divorce. For years, Sam worked outside of the home while Sally stayed home to care for the couple’s children. Sam was responsible for the acquisition of most of the couple’s property. He now wonders whether the court will consider his...
Future Income and Property Acquisition in Dividing Marital Property
Zelda and Zack have been married for ten years and are undergoing a divorce. Zack recently found out two things. First, Zelda has won a professional award which will likely allow her to increase her income substantially in the future. Second, Zelda is likely to come...
Exchanging Financial Information During a Divorce
Olivia and Oscar are going through a contentious divorce in the Massachusetts Probate and Family Court. They are facing issues exchanging financial information. Oscar is a partner in an accounting firm which is local and privately held. Olivia’s attorney requested...
Unvested Stock Options: What Constitutes “Double-Dipping?”
Can alimony calculations include a spouse’s unvested stock options, even if they weren’t considered marital property in equitable distribution? The Massachusetts Supreme Judicial Court recently answered this question. In Ludwig v. Lamee-Ludwig, the Court said yes. [1]...
Not Married and Co-Owning Property
Darlene and Dave have been dating for a decade and cohabiting for most of that time. They bought a home a few years ago. The title was in Dave's name due to Darlene's credit history. Dave assured Darlene that they “owned the home together,” and Darlene has been...
Impact of Conduct During the Marriage on Property Division
Larry and Leah have been married for a decade, during which Leah was the main bread-winner through her job as a human resources director. Though Larry has held a string of low-paying jobs, he has not managed to hold down a job for very long, and he can’t seem to...
Are Marital Liabilities and Debts Considered in Division of Property and Alimony?
Ken and Kora are going through a divorce in Massachusetts. They were married for a short time. During the marriage, Ken racked up substantial credit card debt. Ken and Kora both work full-time, but Kora makes significantly less money than Ken. She worries about the...
“Station in Life” In Dividing Marital Property
Audra and Adam, married for fifteen years. In that time, Audra has supported Adam while he finished medical school, underwent a medical residency, and established his practice. Audra also took care of the couple’s children. The couple enjoyed a comfortable lifestyle...
Age Relevance in Divorce Property Division
Ellen and Earl have been married for over 20 years. Their age is a key factor in the divorce. During the marriage, Earl worked full-time as an engineer, while Ellen stayed home to care for the parties’ two children. Ellen finished high school. Once the kids learned to...