As an artist, perhaps you already know that some of your art may be considered marital property in Massachusetts. This means that it can be split up during a divorce, even if you created it and your spouse had nothing to do with it. The art is looked at as potential earnings since it could be sold for money, so it needs to be divided like the rest of the assets that you have. So, knowing this, you may be wondering if when you created the art matters. The truth is that it absolutely does. Generally speaking, the art that you need to split up is that which you made while the two of you were together. This is the same as the way you’d need to split money you earned while you were together. Anything done during the marriage will likely count. However, if you made the art before you got married, then it might be exempt. Art does not always sell right away. If you sold it during the marriage, the money will be divided, but, if it’s art that you brought to the marriage and never sold, it likely stays with you. Additionally, if you make more art after that divorce filing is put in, this is typically not going to be divided. The divorce process can take a long time, and you should not be prohibited from working while it plays out. As you can see, it’s very important to know how this works so that

Besides the issue of child custody, the issue of property division in a divorce is one of the most tense that people who are getting divorced face. In the instance of a high-asset divorce, the property division process if often complex because of the various types of assets and debts that are present. If you are facing a high-asset divorce, we can help you to learn about the options you have for the property division process. There are some assets and debts that are fairly easy to divide, especially if you and your ex are in agreement about them. For example, you might want the primary residence and your ex might want the vacation home. That might be an easy solution to the real property. Other issues in a complex high-asset divorce might not be so easy to solve. The more complex aspects of property division during a high-asset divorce comes when there are investment accounts, stock options, retirement accounts, and businesses to divide. In these cases, it is often necessary to obtain a valuation of the assets and liabilities so that we can work on getting a suitable settlement. The last thing that you need is to be stuck with all the inaccessible or non-performing assets while having to cover a multitude of the debts. It is crucial that we take the full picture regarding the assets and liabilities into account. Since Massachusetts is an equitable distribution state, we need to get you an equitable settlement instead of trying

Property division during a divorce in Massachusetts is done based on what is equitable, not what is equal. This means that property doesn’t have to be divided equally. Instead, the property division is based on what is just and fair. When it comes to couples who have amassed considerable assets the property division aspect of the divorce can become rather complex. We can help you to learn what you need to know to ensure that your rights are protected as you go through the property division process. One aspect of a high-asset divorce that can pose a significant issue is the presence of stocks. Not only do you have to determine the actual value of the stocks, you also have to consider the type of stocks that are held. For example, stock options and restricted stocks must be handled in different ways because they are different assets. Another consideration in a high-asset divorce is the value of any businesses or retirement accounts that are present. These considerations are on top of trying to determine who gets real estate, heirlooms, antiques, and other valuables. All of these assets must be considered carefully and weighed against the debts that each party will be liable for. We know that you hate to think that the assets you worked so hard to get will be stripped away from you. While we can’t promise you that the property division will go exactly how you want, we can promise you that we will represent your interests.

According to the American Academy of Matrimonial Lawyers, the number of divorce filings in the month of January is usually about one-third the normal rate. If you are considering filing for divorce after the holidays, you should have a plan in place. There may be many reasons why more people file for divorce in January. Some couples may have been reluctant to file for divorce during the holidays, particularly if they have children. Others may simply want a fresh start in the New Year. Regardless of the reason, filing for divorce can be a scary prospect. Before your file the divorce papers, there are steps you should take. First and foremost, you should make sure that getting a divorce is what you want to do. Many people file for divorce while emotions are still running high. Consider speaking with others to ensure that you are making the decision with a clear head. A therapist can be particularly helpful in sorting through your emotions and goals. You should also understand all of the financial implications of filing for divorce. For example, any property that you or your spouse acquired during the marriage is considered marital property under Massachusetts law. The law requires all marital property to be divided equitably. Another example of a financial implication is your tax filing status. This is determined by the status of the marriage on December 31st. If your divorce is not final by that date, you are still considered to be married in the eyes

If you have brought considerable assets into your marriage, or your marriage has lasted long enough for you to accumulate substantial wealth and material possessions, the ending of the marriage by divorce can be an even more stress-filled endeavor than it is ordinarily. It is not just accurately assessing the dollar value that can be problematic; you can also have a contentious experience with your soon-to-be ex-spouse as to who is entitled to what. You may have a nice home, considerable liquid assets in a variety of accounts, a substantial investment portfolio, real estate holdings other than your home, pensions and other retirement accounts, and so on. If you have worked closely with an accountant to protect your assets, you might also have structured your holdings to minimize your tax consequences, but in an asset division this can add to your potential headaches. Helping our clients to understand equitable distribution in Massachusetts, particularly with high-value assets on the line, is something that we at David M. Gabriel & Associates have extensive experience with. We can help you to carefully assess each asset’s actual value, and to navigate specific circumstances like assets connected to a business or properly determining whether an asset is a marital or a separate one. Your divorce may be amicable, but complex asset division can still become a source of friction when it comes to reaching a fair settlement. You will want a law firm to represent you that diligently represents your interests. To learn more about

Being married to a narcissist can be an incredibly difficult relationship. This is more than just someone who likes to look in the mirror a lot. True narcissism is a personality disorder, and it afflicts more than 10 percent of all Americans, including many in Massachusetts. While the relationship itself is hard, trying to get a fair and equitable divorce from a narcissist can sometimes feel downright impossible. The reason divorce is so difficult when it involves a narcissist is because this kind of personality disorder leaves the afflicted with little to no empathy for other people. This can be especially detrimental in a high-asset divorce, where stock options, real estate holdings and other expensive assets are at stake. While you may be willing to negotiate an equitable distribution, your partner may feel they deserve everything. What can be even more challenging is the fact that, in general, narcissists are vengeful. They will dig up every bit of dirt they can on you to use in court, and they will often berate you in front of your children. After all, narcissists typically do not empathize with you or with the kids. Even after the divorce is settled, they will do everything in their power to make sure you “suffer for what you did.” Of course, these are generalizations about those with a narcissist personality disorder. Every person who is afflicted with this disorder may act differently. One of the best ways to get through a high-asset divorce with a narcissist

One of the most difficult aspects of filing for divorce is determining how the finances will be divided pending a final allocation by agreement or by the court. This is especially a problem for the spouse whose earnings and assets are substantially less than those of the other spouse. In that situation, the spouse with fewer resources may try to stay in a marriage, however unhappy he or she may be, for fear of a loss of lifestyle. If you watch television at all, you’ve probably seen commercials for settlement funding, which provides advance or immediate payments for injury victims involved or awarded damages in a lawsuit. A similar service is now available in Massachusetts designed to allow a spouse to file for or agree to be a party to a divorce without the fear of a cash crunch as it proceeds. The firm already operates in dozens of other states and makes loans to a spouse that needs money to cover living expenses and even legal fees that must be paid during the course of the divorce proceedings. The founder of the service says that most of their clients are women involved in a high net-worth divorce. He says that a client should have a net worth at stake of at least $600,000 to make the service and the interest rates worthwhile. The average loan is $250,000, with a minimum loan of $50,000. As with settlement funding, this arrangement is not for everyone. Some spouses may have access to

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