International divorce can complicate property division issues

David M. Gabriel & Associates

Massachusetts couples in which one or more parties hold dual citizenship status may find a recent report of interest. The piece outlines some of the difficulties that can arise when dual citizenship enters into play in a divorce proceeding. The introduction of multiple jurisdictions can seriously complicate a divorce, including issues of child custody and property division. For such couples, understanding these issues can help prevent an unfair advantage for one party if a divorce is on the horizon. The primary issue in these types of cases involves the proper jurisdiction in which the divorce will take place. In the vast majority of cases, the nation in which the couple resides at the time a divorce is initiated is the one that holds jurisdiction in the matter. This means that the laws and procedures in place within that nation will be the ones used to determine the details of the divorce. For couples in countries in which women have very few rights, the outcome of a divorce could be a drastically unfair division of property which could leave the wife with virtually nothing. On the other hand, if a divorce takes place in a country in which the assumption is that children are always better cared for by the mother, a husband could find himself with very little legal access to his children following a divorce and custody proceeding. Other concerns include the likelihood that another country will cooperate with the return of a child to the United States in

Financial needs may be met with a January divorce filing

David M. Gabriel & Associates

Now that the holidays are behind us, many people look forward to the coming year with thoughts on goals, hopes and resolutions. For some Massachusetts spouses, years of living within an unhappy marriage will lead to a decision to file for divorce in 2013. Luckily, there are a number of reasons why January is an ideal time to file for divorce, and to address each spouse’s financial needs. One positive factor for filing in the early days of a new year involves tax advantages. While there have been few benefits of a January filing in years past, a change in tax brackets in 2013 could change things for some couples who divorce in the coming year. For example, a spouse who will be required to pay alimony will see better deductions by filing early, and the spouse who receives alimony will have a higher tax burden. Another consideration involves waiting to make a decision about divorce until after the holidays. Christmas can be stressful, and adding discussions about ending the marriage can only serve to add to that stress level. For couples with children, the news of a split may be better received at a less hectic time. There are also the reactions of extended family members to consider. For many couples, the holidays are not an optimal time to begin the divorce process. Perhaps the reason most January filers choose this time of year is simply the new start that a new year brings. While divorce is unarguably the

2013 brings new change to existing alimony laws

David M. Gabriel & Associates

This year changes pertaining to the current alimony laws in Massachusetts were announced. These changes could directly affect many divorced individuals in the Boston area and throughout the state who are currently paying (or receiving) alimony. The law is scheduled to take effect on March 1, 2013. The new laws apply to couples who were married 20 years or less. These changes could affect many divorced retirees who are currently paying spousal support. The result could mean that their current obligation will be reduced or even eliminated altogether. At this time, there are various forms of alimony that can be ordered during a divorce. For example, one type is known as transitional alimony. This form is for couples whose marriage did not make the five-year mark. Its intention is to provide a financial “transition” from the lifestyle the obligee (spouse receiving payment) became accustomed to during marriage to that of a single wage household. Another form of alimony is referred to as rehabilitative alimony. This form of support assists the recipient in learning new job schools either through training or education so he or she can become “economically self-sufficient.” Finally, there is reimbursement alimony. The obligor (the person paying alimony) is responsible for reimbursing the obligee for his or her contribution to the marriage through a one-time payment or a series of periodic payments. This form of spousal support is also for marriage of less than five years. There is also what is referred to as general term alimony. This

Older Massachusetts couples face unique property division needs

David M. Gabriel & Associates

When older people divorce, the process can be very different from the experience a younger couple might have. Some issues are easier to handle between aging partners, such as a lack of contention surrounding child custody and support. Other issues, however, become far more complicated when a Massachusetts couple has been married for a lengthy period. Among these are complex choices concerning property division. As we age, people tend to accumulate more in the way of assets. These can be tangible assets such as furniture or real estate, or monetary assets such as investment or retirement accounts. By the time many people near or reach retirement age, there are more family assets to divide. At the same time, however, there is also a greater need to make savvy financial decision, as the implications will be felt more acutely in the retirement years when earning potentials tend to decrease. Older couples must ensure that they begin the divorce process with a comprehensive understanding of where their family finances stand. This includes an accounting of not only all of the familial assets, but also of all outstanding debts held by both parties. In addition, it is imperative to fully understand each spouse’s retirement savings, as well as how those assets should be divided. When filing for divorce late in life, the process can feel overwhelming. This is especially true for spouses who have been married for the vast majority of their adult lives. Starting over can feel like a scary prospect, which

Puppy love complicates property division in Massachusetts

David M. Gabriel & Associates

Massachusetts couples who are beginning the divorce process are often caught off guard with the sheer volume of details that need to be ironed out. Issues of property division and child custody usually top the list of priorities, but there are many smaller details that must be dealt with as well. Splitting one household into two, and working out which party will retain which assets, can be a very complicated procedure. Many spouses make assumptions about where the family pets will reside following a split. They are often surprised, however, when they learn that the other spouse holds opposing opinions on the matter. When couples cannot agree about where the pets will live, they often ask a judge to decide. Many states treat pets as marital property, and some judges will refuse to become involved in decisions over where they will live following the divorce. Others may address the issue, working out a detailed ‘custody’ arrangement that splits time with the pets between the two spouses. However, it is important to understand that no judge can make a truly comprehensive determination about what is in the best interests of a pet, simply because the judge is not familiar with the animal or its relationship with the parties. As with most property division issues surrounding a Massachusetts divorce, the best resolution is one in which the parties work together to find a solution that works best for them. It is important to try and keep the pet’s best interests at the

Former Dodgers owner back in court in high net-worth divorce

David M. Gabriel & Associates

When it comes to divorce settlements, many believe that once the ink is dry, there is little to nothing that can be done to alter the agreement. However, a very high-profile and high net-worth divorce is headed back to court a year after a settlement was reached, and may result in a different division of assets than formerly agreed upon. Many in Massachusetts followed the headline-grabbing divorce between Dodgers owner Frank McCourt and his wife Jamie McCourt. The couple reached an agreement in Oct. 2010. Jamie McCourt accepted $131 million in exchange for relinquishing her claim to co-ownership of the Dodgers. However, when her ex-husband sold the team in May 2012 for an estimated $2 billion, that agreement began to appear unbalanced. An attorney for Jamie McCourt points out that settlement was reached based on Frank McCourt’s estimate that the team would be worth no more than $300 million. That would put the division of assets somewhere in the ballpark of 93 percent for Frank McCourt, and 7 percent for Jamie McCourt. The most recent filing asserts that Frank McCourt committed fraud by misrepresenting the value of the team during the divorce process. However, even if he undervalued the Dodgers without any intent to defraud his wife, the divorce settlement could still be set aside and revisited. While altering an existing divorce agreement is uncommon and not easily accomplished, there are circumstances in which the original terms were reached using financial data that was substantially incorrect. As this case makes

Tips to ease matters of property division in divorce

David M. Gabriel & Associates

For many Massachusetts couples considering divorce, issues of property division are paramount. With the exception of child custody concerns, property division is usually the center of the majority of negotiations. As the time approaches to file for and work through a divorce, there are a few tips to keep in mind that can help to maximize one’s settlement in terms of property division. One piece of advice concerns budgeting. The time to work out a comprehensive household budget is before negotiations begin. Leave nothing unaccounted for, no matter how minor the expense may seem. Many spouses make the mistake of fighting to the bitter end to keep the family home, without understanding the actual cost of running and maintaining the property. In order to ensure a secure financial future, it is essential to understand the financial present. Another tip is to fully understand the state laws regarding marital property. Each state differs in their approach to the division of property, but each spouse should begin the process fully informed as to what is owned and by whom. This is especially important when it comes to assets that are less tangible than homes and cars, such as stock options and other forms of deferred compensation. Divorce can be an emotional time for spouses, even when the split is in the best interests of everyone involved. However, it is imperative that one makes reasonable, rational decisions when it comes to property division. The choices made now can affect both spouses for decades

Fathers’ rights issue in “Housewives” custody case

David M. Gabriel & Associates

The American judicial system has come a long way in recognizing the importance of fathers in the lives of their children. Many states have laws that recognize that mothers are not always the better parent simply due to gender, and that they should not have an automatic advantage in child custody cases. However, there is still a lag between the increasingly involved roles that many American fathers play in the lives of their children and the manner in which the courts, including those in Massachusetts, award custody and visitation. A recent celebrity case exemplifies the uphill battle that men still face in regard to fathers’ rights. In the bitter divorce between ‘Real Housewives of Beverly Hills’ star Adrienne Maloof and husband Paul Nassif, child custody has become a contentious issue. A judge recently ruled that Nassif’s access to his children be restricted to supervised visitation. This decision is the result of a temporary restraining order that Maloof obtained against her estranged husband, claiming that he is abusive toward their three sons. It is reported that the Department of Children and Family Services determined that there was no abuse. When the safety and welfare of children are concerned, courts in Massachusetts and elsewhere err on the side of caution, and rightfully so. In this case, Maloof has also stated that her husband carries a gun in his briefcase, leading the judge to order that the weapon be turned over to authorities. In the end, no one except the two halves of

divorce

International divorce can complicate property division issues

Financial needs may be met with a January divorce filing

2013 brings new change to existing alimony laws

Older Massachusetts couples face unique property division needs

Puppy love complicates property division in Massachusetts

Former Dodgers owner back in court in high net-worth divorce

Tips to ease matters of property division in divorce

Fathers’ rights issue in “Housewives” custody case

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divorce

Categories

TAGS

TAGS

David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?We Can Help

Life Complicated?
We Can Help