The Massachusetts Supreme Judicial Court (“SJC”) recently decided Openshaw v. Openshaw, a case that changes how we think about alimony specifically in regard to the need for support to accumulate savings. The issue in Openshaw was whether a probate and family judge was right to factor in a divorcing couple’s practice of saving money during their marriage when he made an alimony award in the case. Under Massachusetts law, alimony is “the payment of support from a spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time, under a cou ..read more

The valuation date for marital property can be a significant issue in a divorce because asset value is rarely static. Oftentimes, property appreciates after the separation or divorce process has commenced and before the divorce is final. When there are larger assets, such as real estate or business interests, the shifting of one or more such assets makes it more challenging for a marital estate to be divided equitably. What point in time should a judge use for valuation purposes when dividing the marital estate? Should the judge use the value of the marital estate at the time of the par ..read more

The Massachusetts Appeals Court recently decided Rabinowitz v. Schenkman, a case with shocking facts. The parties in Rabinowitz, former spouses, executed a separation agreement, which a probate and family court judge approved and incorporated into a 2014 amended divorce judgment. Per the separation agreement, the ex-husband made monthly payments to the ex-wife for purposes of property division. In 2015, however, the ex-wife attempted to murder the ex-husband with a hatchet. He then stopped paying her. In response, the ex-wife sued the husband for breach of contract. In Rabinowitz ..read more

The valuation of real estate and other assets is an issue that arises in divorce–and it’s often a contentious one. In a divorce, the Probate and Family Court judge needs a complete picture of the parties’ assets and the assets’ value to determine an equitable division of the marital estate. This holds true even for assets located abroad. The valuation of foreign assets is the central issue in the Massachusetts Appeals Court case, Ayca Celikkol Gazelle v. Guy Scott Gazelle. This case highlights the potential for complexity in asset valuation and distribution. It also illustrates the ..read more

A prenuptial agreement can eliminate much of the guesswork from the divorce process and save divorcing spouses time and money. Also known as an “antenuptial agreement” or a “prenup,” it is a written contract engaged couples sign prior to marriage that clearly outlines how a couple will divide their assets and liabilities if they later decide to divorce. While a prenuptial agreement can favor one party to a degree—reserving more assets for one spouse should the couple divorce—there are instances in which a Massachusetts court won’t enforce the agreement. For a prenuptial agreement to be enfor ..read more

What to do with the marital home can be a major point of contention for divorcing spouses. Some spouses decide to sell the marital home and split the proceeds. Others decide that one spouse will keep the home after the divorce and buy the other out of their interest in the property, almost always refinancing the property in the short term to remove the other from the related loan. Both are more clear-cut approaches to the division of the marital home. In rare instances, divorcing parties agree that they’ll continue as co-owners of the marital home long after the divorce while one party remai ..read more

We’ve encountered this issue repeatedly. A parent seeks a 209A restraining order in the district court. Notice is given to the alleged abuser that the district court will hold a restraining order hearing. At that hearing, the parent seeking the order asks for child support as well. While the district court issues the restraining order, the judge declines to order child support. Instead, the district court judge directs the parties to the probate and family court, telling the parent seeking child support to ask for it there. In such a scenario, the Massachusetts Appeals Court recently determi ..read more

Financial security in retirement takes years of planning and saving. Married couples may do this retirement planning together. Perhaps each spouse has their own retirement account or pension. Or maybe one spouse is a stay-at-home parent or cannot work. So, the couple plans to live off of one spouse’s retirement assets when that time comes. But what happens to those retirement funds in a divorce? Can a party just keep all the money they personally have been investing and saving for retirement? Maybe not—at least not all of it. Whether it be an IRA or 401K, or another type of retirement plan ..read more

In Massachusetts, new child support guidelines went into effect on October 4th, 2021. Click here to tune in as our attorney team discusses some of the biggest and more interesting changes to the 2021 Child Support Guidelines. Or, read the abbreviated transcript below.     Damian: Every state has child support guidelines, which are essentially the law and the corresponding formula to determine child support. Every four years, a task force is formed to assess and update the Guidelines. And, in Massachusetts, this has just occurred with new Guidelines having gone into effect on Octobe ..read more

Can my former spouse / co-parent force me to get a COVID vaccine for our minor child? As the COVID vaccine becomes available for younger children, many are asking this question. The short answer is that it’s possible. Judges may make orders and judgments covering a wide variety of issues, including whether your minor child will get the COVID vaccine. This is true even if one parent does not agree. The most likely way the court will do this is by awarding legal custody, either entirely or on a narrower issue–such as on medical issues or on the vaccine specifically–to one parent. This could be ..read more