Insurance matters play into property division during divorce

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

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Technology can lead to challenges to fathers’ rights

With the advent of ever more sophisticated forms of technology, keeping in touch has never been easier. Whether you use email, text messaging, online scheduling or social media, staying in touch takes far different forms today than in years past. For Massachusetts couples who divorce or separate, issues of child custody can be made much smoother by choosing a remote form of communication, especially when parents cannot get along in person. However, when one parent chooses to use technology as a weapon, it can cause significant problems for the relationship between the child and the other parent. Many who support fathers’ rights see potential problems with relying on technology to have access to one’s child. A recent study looked into the ways that divorced couples use technology in regard to child custody issues. Researchers discovered that when former spouses maintained a positive relationship, technology was used to facilitate custody exchanges, keep both parents in the loop regarding the child’s activities, and make sure that both parents stayed on the same page in regard to the kids’ schedules. However, when parents did not enjoy an amicable relationship, technology was often used by one parent to limit the other’s access to the child. By simply avoiding answering text messages and email, some parents seek to limit the amount of time that the other parent has with the child. In some cases, parents admitted to pretending that they never received email. This type of behavior not only brings further tension between the parents,

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Shared custody concern: No one-size-fits-all solution

When Massachusetts parents file for divorce, the primary issue on the table becomes child custody. Those who practice family law assert that child custody cases are among the most highly contentious and contested form of law. Even among couples who have little interest in arguing over issues such as the division of marital property, when it comes to issues surrounding their children, the gloves come off. Some opt for some form of shared custody in an attempt to gain equal parenting time with their children. However, the concept of shared or equal custody is not universally accepted among those who practice or are involved in family law. When it comes to the debate about whether such a practice should be statutorily mandated, many in the profession object. One point of view asserts that there is no such thing as a one-size-fits-all divorce, not should child custody issues be handled in a standardized manner. Each family is unique, and the skills and abilities that each parent brings to the table are also disparate. In the majority of scenarios, it would be far better for the child or children involved to remain in the primary care of the parent best suited to provide for their needs, both financially and emotionally. In addition, in cases in which there are questions of substance abuse, instability or physical or psychological abuse, shared or equal custody just doesn’t make sense. While most states have not embraced the concept of mandatory joint or shared custody, there is

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Postnuptial agreements may ease property division upon divorce

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

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Warning: Facebook rants may affect alimony and child support

Social media, Facebook in particular, has become an integrated part of the lives of many Massachusetts residents. Some of us have become so accustomed to sharing our lives online that we update and post almost automatically, with very little thought given to what could happen to that information once it is out of our hands. However, when it comes to issues surrounding one’s divorce, posting is not the best policy, and can actually have serious ramifications for issues such as child support and alimony. Even if you think that your former partner does not or cannot see your Facebook activity, this is not the place to air your grievances about the marriage or divorce. If you make comments online that can be proven false, such as claiming that your ex is not meeting his or her child support obligations, the other party can sue you for libel. Also consider the long-term ramifications; if you post negative things about the other spouse and he or she loses a job because of it, their ability to pay child support or alimony could be severely limited, and they could approach the court to ask for a reduced amount. Another thing to remember is that Facebook is forever. What you write, can almost always be recovered and brought to the attention of a court, even if you have erased it from your news feed. That heightens the risk that a child may one day read the negative things you said about the other parent.

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

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

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Collaboration during divorce may ease property division strife

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

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Legal separation may avoid tax consequences, but brings high risk

Many Massachusetts couples find it challenging to know the best approach to ending a marriage. Some couples opt to enter into a legal separation while they determine whether or not to work on saving their marriage. Others move directly to a divorce filing. Each option has its pros and cons, but savvy couples will carefully weigh the financial implications of both choices before moving forward. While a legal separation may help a couple avoid some of the tax consequences of divorce, it can also leave both parties open to a high level of financial risk. A legal separation is a court-approved separation of two spouses, with the responsibilities of each spouse clearly laid out as a part of the agreement. The parties remain legally married, and one advantage of such an arrangement is that the spouses can continue to share benefits such as health insurance. They can also continue to enjoy tax benefits, inheritance rights and access to jointly owned properties. However, there is a degree of risk associated with legal separation, because spouses can also continue to spend jointly owned savings and enter into contracts, leaving open the possibility for a significantly reduced net worth before divorce papers are filed. Many experts advise against legal separation, pointing out that the opportunity to enjoy certain benefits is far outweighed by the risks inherent in remaining legally tethered while the marriage is in a state of flux. For example, if the legal separation outlines a spousal support or child support payment,

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