divorce

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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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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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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Property division can be more complicated the second time around

When a Massachusetts couple is engaged, the last thing on their minds is how their property would be divided in the event of a divorce. No one want to start a marriage by planning for the details of property division in the event that the union does not last. However, statistics show that one out of every two first marriages will not last. For couples walking down the aisle a second or third time, that number swells to 67 percent. Making matters worse, spouses who face a second divorce are more likely to take a greater financial hit the second time around. One reason that a second or later divorce is potentially more financially damaging is simple: there is often less to be divided. One or both spouses may still be paying alimony or child support from a previous marriage. In addition, many people see a decline in their financial stability when a prior divorce forces the sale of assets such as a home or investments. There could also be tax implications as a result of selling off assets to settle a divorce. Factor in a lethargic economy, a slow job market and a persistent decline in home values, and it becomes easy to see how a second divorce can cause more financial damage than the first. The end of a second or third marriage may also come at a stage in life where retirement is on the horizon. Other spouses may be beginning to experience increased costs associated with

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A greater number of women are paying alimony to their husbands

Alimony and child support in the past has been traditionally seen as something that men pay to their ex-wives. In this traditional role, women were expected to stay at home and take care of the children, and thus needed to be financially supported after a divorce. However, with gender equality becoming more widespread in Massachusetts and elsewhere, alimony and child support are now awarded to the husband in many cases. A nationwide study shows that divorce lawyers across the United States, including in Massachusetts, have seen an increase of women who pay alimony or child support to their former husbands. Around 56 percent of divorce lawyers report that they’ve seen more women paying child support and 47 percent report a higher rate of women who pay alimony to their former husbands. The reason behind this shift is simple: as women take over the financial responsibilities that were once the sole responsibility of men, courts are holding them to the same responsibilities that husbands alone used to face. This is especially true as many women are able to find higher paying jobs than their husbands in this bad economy. As can be imagined, not all women are happy about having to pay either alimony or child support. In several high-profile cases, several women had bitter disputes in divorce courts over this matter. However, even though many women can feel unfairly treated as they are ordered to pay alimony and child support, this shows a huge step for gender equality has happened.

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Same-sex couples rights affirmed when lesbian mom files paternity

Unfortunately, same-sex couples’ rights are sadly lacking in many parts of the country. While in Massachusetts, same-sex marriage is allowed and seen positively, in other places many of the same-sex couples’ rights are denied. Fortunately, in one state, clear progress can be seen when a lesbian mother has been allowed to file a paternity suit for her child in a groundbreaking case. Two lesbians had decided to make a family in 2006 in which they would adopt two biological daughters. Because at that time their state didn’t allow them to adopt the children as a lesbian couple, they each legally adopted a girl and raised the two together. However, in 2009, all of this changed. After the women decided to separate, one of the women moved to Norway, taking her legal daughter and leaving behind the girl’s sister and her shocked ex, who had not expected this drastic move. The two sisters didn’t even have the chance to say goodbye to one another. After investigating the various legal options available to her, the woman in the United States, fought for child custody by filing a paternity suit. While paternity suits are typically filed by fathers seeking to spend time with their children, a state law had passed which allowed for non-biological fathers to seek custody. After discussing the case, a judge ruled that the paternity suit was valid since it would be discriminatory to allow non-biological fathers to sue but not non-biological mothers. Massachusetts has traditionally been ahead of the

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Residency requirements open doors for same-sex divorces

A complex legal issue that is popping up in different states and continues to be addressed in the courts was discussed here previously on the blog. We have news about another new important case involving same-sex marriage and divorce laws. A Rhode Island man is in the midst of trying to divorce his husband after getting married in Massachusetts. Because of Rhode Island’s current laws pertaining to same-sex marriage and divorce, he was forced to move to another state to pursue a divorce. The man decided to move across the state line to Massachusetts and live there for a year before he would be able to file for divorce. However, there is new legislation pending in Rhode Island, according to a local media report that would simplify this matter for people with the same situation. If the new Rhode Island bill passes, any couple could file for a divorce in Rhode Island even if their marriage is not recognized as legal in the state. This would solve the problem faced by same-sex couples who jump state lines in order to establish residency so they can pursue a divorce and not be trapped in marital limbo. Although Rhode Island is not a gay marriage state, it did pass a civil union law in 2011. That piece of legislation provided a legal means for dissolution of a civil union. Whether a person is dissolving a civil union or seeking a divorce from a spouse, he or she will need to ensure that,

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