A decade of same-sex marriage in Massachusetts by the numbers

Over the last couple of years, same-sex marriage has been in the news almost constantly as the United States Supreme Court has weighed in on the topic and state lawmakers have reacted. But all of these other jurisdictions may be wise to take a look at Massachusetts, the first state to legalize gay marriage over a decade ago, for an idea of how the issues will evolve. In those 10 years, almost 26,000 same-sex marriages have been performed in the state, about seven percent of all marriages during that same time period. Over 6,000 of these marriages were performed just in 2004 after the law was passed in May of that year. Over the decade, the numbers have evened out to about 2,200 per year, or about six percent of the marriages performed in the state. Another interesting statistic is that the number of marriages between two women has been far greater than those between two men, with almost 16,000 between women compared to about 9,900 involving men. Regardless of the numbers, same-sex marriages still have the benefits and pitfalls of marriage between heterosexual couples. Benefits include providing the couple with legal rights that allow them to make medical and other decisions for each other and to become eligible for benefits through employers and the government which are only available to legally married couples or to survivors after the death of a spouse. But same-sex marriages are subject to the same struggles and pressures as any other marriage: financial issues,

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How does remarriage affect alimony?

It is not uncommon for people to remarry after getting divorced. A question that often comes up in this scenario is, “Do I still need to pay my ex alimony if he or she remarried?” In most cases, the answer to this question is no. Clearly, remarriage constitutes a change in circumstances. Under Massachusetts law, an award of alimony can be modified or terminated if there has been a material change in either your or your ex-spouse’s financial circumstances. As a result, courts generally terminate alimony when the spouse who receives the alimony remarries. In rare cases, however, the court may order that the alimony continue. The spouse who receives alimony and has remarried has the burden to prove that his or her ex should keep paying support. Specifically, the recipient spouse must prove that extraordinary circumstances warrant continuation of alimony. This is tough to prove, and it depends on the circumstances. In determining whether to terminate or continue the alimony award, courts looks at a number of different factors. For example, courts may consider the new spouse’s income and financial resources. Courts will also consider the impact that terminating alimony would have on the recipient spouse’s ability to meet his or her needs. Either party can request the court to modify or terminate alimony. To do so, one of you would need to file a complaint with the court asking for the change. After the other party is served with the complaint, he or she will have the opportunity

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Determining income for purposes of alimony

Under Massachusetts law, courts consider a number of factors in determining whether to award alimony and if so, the amount and duration of the alimony award. One factor is the income of the parties. But what happens if one of the parties is unemployed or underemployed? How do courts decide what—if any—income to assign to that party? A judge has discretion to determine what income to assign the parties for purposes of calculating alimony, which is also known as spousal support. It is important to know that a judge is not limited to using only a party’s actual earnings. The judge may also consider a party’s potential earning capacity and may impute a higher income to that party as a result. In order to impute income to a party, the judge must find that the party is earning less than he or she otherwise could earn with reasonable effort. The judge considers factors such as the training, education, employment history, and health of the party. The judge also considers whether that party is the primary caretaker of children and if so, the age, number, and needs of those children. At the start of every divorce proceeding, both parties must file a financial statement with the court. This statement requires the parties to disclose all income and assets. This information is key to helping a judge determine income for purposes of alimony. In addition to the financial statements, a judge may also consider testimony of the parties at hearings and any

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High net worth divorces present unique challenges

A divorce is often stressful enough by itself even before the spouses begin to sort through which assets should go to whom. The longer a couple has been together, the more challenging the question of asset distribution can become; and when the spouses have participated in activities like running a family business, a high-asset divorce can become quite contentious. Part of the reason why the division of assets in a high-end divorce can be so difficult is because of the varied nature of the assets. Business properties, extremely valuable property items, bank accounts, retirement funds and even hidden assets can all come under consideration. Given that Massachusetts is what the law refers to as an “equitable distribution” state, the allocation of assets is not formulaic but rather depends on the concept of “fairness”. And what may seem fair to one spouse may not seem so fair from the perspective of the other. Going through a high asset divorce can lead to many questions, and David M. Gabriel & Associates can help to provide practical and insightful answers and assistance to our clients. Whether you need assistance in crafting a divorce settlement agreement that is as balanced and as fair as possible to both sides, or if you and your soon-to-be ex-spouse cannot seem to agree on anything and you need someone to advocate vigorously on your behalf at trial, our combined experience with Massachusetts family law matters means that we can customize our legal representation to best suit your individual

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Why you should consider a prenuptial agreement

Prenuptial agreements can be very helpful, particularly in high asset divorces. Most people think of a prenuptial agreement as a way for a spouse to protect his or her assets. While this is certainly one reason to use them, prenuptial agreements have a lot of other important and practical uses. Under Massachusetts law, a prenuptial agreement is a written contract between two people prior to getting married. The purpose of this contract is to set ground rules about how to handle property, finances, and other related issues in case the marriage ends, whether by divorce or death. The good thing about prenuptial agreements is that you can adapt them for your particular circumstances. If you or your spouse has a lot of assets, you can use the prenuptial agreement to protect those assets in case the marriage ends. You can also use a prenuptial agreement to specify how property will be divided up or to prevent one spouse from assuming the other spouse’s debts. Or you can define the conditions of alimony, like the amount and duration. Prenuptial agreements do not only have to be about finances. In the agreement, you can set terms related to parenting, such as decision-making and allocation of responsibilities. Perhaps most importantly, prenuptial agreements can help you save a lot of money and stress in the event of a divorce. Getting a divorce can be extremely costly, especially if the divorce is contested. Common costs associated with divorce include court fees, attorney fees, and mediation

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State lawmakers consider fathers’ rights in new divorce changes

Most people think of divorce as a contentious process between two people who really don’t like each other anymore. In this stereotypical situation, each spouse wants everything: all the money (and none of the debt), the family home, and, of course, the kids. And in the midst of all the arguing, what is really in the best interest of the child is buried among arguments about assets and hurt feelings. While the courts are responsible for digging the child’s interests out of the heap, even the law that the courts apply don’t always support the best interest of the child. Traditionally, the mother has been awarded primary custody barring some limiting factor such as physical or emotional abuse, substance abuse, or other behaviors that could be detrimental to the child. The Massachusetts legislature is trying to change the traditions and stereotypes that have been at the heart of the family law system for decades. The proposed changes, if adopted, will create a new approach called “Child-Centered Family Law.” The policy of the law is to achieve the goal of meeting the best interest of children though “safe, healthy, and meaningful relationships between children and their parents.” In terms of fathers’ rights, this system may promote a decision-making process that puts the father on a more even plain with the mother when determining visitation rights and even custody. If the bill becomes law, the state of Massachusetts may see an evolution of more equitable rights between parents. But even without the

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Case brings attention to embryo rights

An ongoing case regarding rights over pre-frozen embryos may be of interest to couples in Massachusetts. The Illinois case concerns a former couple who were fighting over ownership of the frozen pre-embryos. There is no federal law governing embryo rights, and state laws vary. Under Tennessee law, former partners can stop an embryo from being implanted if their former partners have other options for having children. Under Iowa law, both the man and the woman involved have to sign consent forms for embryos to be planted or discarded. In New York, the courts used a contract signed at a fertility clinic as the basis for its decision. Before the Illinois case began, the former couple had been emailing back and forth about the fate of the embryos for a year. The man later filed a complaint in court asking for the embryos not to be used in August 2011. The man had donated sperm to his former girlfriend after they had been dating for five months. She had been diagnosed with non-Hodgkin lymphoma, and treatment might leave her sterile. In the emails, the man at first told his former partner that he was glad to be able to help her. He later expressed reservations when he began to question how others would view his absence from his children’s lives. One of the central issues within the case has been the embryos being the woman’s chance for her own biological child. Custody rights usually involve children who have already been conceived,

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Parenting time interference and the available remedies

One of the matters that is often resolved in a Massachusetts divorce case that involves children is the amount of parenting time each party will be entitled to. Even after an order has been entered, disagreements could arise between the parents, resulting in parenting time interference. This involves one parent interrupting the other’s time with the children, and the disruption may in some cases be considered a criminal offense. Parenting arrangements are not always formal, but having the court approve them helps the parents enforce their rights if a dispute arises. Interference with parenting time could occur indirectly or directly. Indirect parenting time interference may involve one parent disrupting the other parent’s communication with the children by refusing to let the children accept phone calls from the parent or preventing the other parent from becoming involved in school events or extracurricular activities. Other forms of indirect interference include one parent asking the kids to report on the other parent’s personal life, trying to persuade or force the children to refuse to visit with the other parent or belittling the other parent. Direct parenting time interference may also take several forms. One parent, for example, could take the children without permission to keep them from seeing the other parent. The parent may breach the court order and move to another state with the kids, refuse to return the children, or fail to drop them off at a scheduled visitation time. In some situations, one parent might try to prevent the other

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