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Spouses Marital Assets Personal Property

Lerch, Early & Brewer

Why Do Couples Need Prenuptial Agreements?

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The case for couples to get (or at least strongly consider) a prenuptial agreement is simple: it is much easier to get into a marriage than it is to get out of one. ...more

Bowditch & Dewey

Familiarize Yourself with Rule 411 – Automatic Restraining Order

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Every divorce matter in Massachusetts subjects both parties to Probate and Family Court Supplemental Rule 411, entitled “Automatic Restraining Order.” Rule 411 provides that neither party “shall sell, transfer, encumber,...more

Smith Debnam Narron Drake Saintsing & Myers,...

Prenuptial Agreement vs. Postnuptial Agreement: The Differences & When to Choose Each

When it comes to protecting assets and establishing financial arrangements between spouses, two types of legal agreements come into play: prenuptial and postnuptial agreements. While both serve similar purposes, there are...more

Lerch, Early & Brewer

Choosing Where to Divorce May Change Your Outcome

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Couples who live in more than one place may be able to choose where to divorce and, perhaps significantly, change the outcome. Divorce law is state-specific, meaning that the laws in each jurisdiction vary. Generally,...more

Fox Rothschild LLP

Marriage & Divorce: Just What Do Americans Want?

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Because of the blog’s topic, we are fed a lot of reported news on the state of marriage and divorce in 21st century America. Three topics seem to be headlining this week, the inconsistency of which is baffling. 1.There is a...more

Fox Rothschild LLP

The Current Real Estate Market: And We Thought Divorce was Crazy.

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One of the things young lawyers are taught when they begin to practice is that law school offers no training in how to manage client expectations. When clients search for lawyers they typically do so expecting justice and to...more

Fox Rothschild LLP

Getting Divorced & Selling the House: WATCHOUT!

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Early in this writer’s career lawyers used to have to be careful about possible capital gains tax on the sale of a personal residence. Before 1997 the exclusion was $125,000 per spouse and $250,000 if the taxpayers filed...more

Burns & Levinson LLP

We’re Splitting Up – Who Keeps the Pet?

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Frequent readers of the Divorce Law Monitor may recall a previous post “We’re Divorcing – Who Keeps the Pet?” This follow-up post discusses an opinion handed down this month by the Appeals Court, which, while it likely will...more

Fox Rothschild LLP

We Don’t Like Each Other But Can’t Afford to End it.

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There are some fascinating topics related to divorce swimming out there in the electronic world. And one we just saw is a new phenomenon where couples are deciding it’s over in every sense except the official one called...more

Burns & Levinson LLP

Consideration of “Savings for a Rainy Day” Deemed Appropriate in Determining Amount of Alimony

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It has long been disputed whether alimony paid from one spouse to another should allow the recipient to save for a rainy day. The Supreme Judicial Court of Massachusetts weighed in on that issue for the first time on March 7,...more

Obermayer Rebmann Maxwell & Hippel LLP

Postnuptial Agreement - Is it right for you and your spouse?

A postnuptial agreement can provide similar benefits to a prenuptial agreement. When possible, we always recommend couples enter into a premarital agreement before the wedding rather than waiting to enter into a postnuptial...more

Kohrman Jackson & Krantz LLP

What You Need to Know About Prenuptial Agreements: Part 2 – Considerations Before Entering into a Prenuptial Agreement

Prenuptial agreements (or “Prenups” as they tend to be referred to colloquially) tend to have an unfair reputation as a societal matter. Indeed, it’s not uncommon for critics of prenuptial agreements to view them as the most...more

Pullman & Comley, LLC

Arbitrations May Save Time, Money and Distress in Divorce Proceedings

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Divorce is rarely, if ever, a happy process. The fundamental disagreements that lead a spouse to file for divorce may create chronic distrust and animosity.  The additional conflicts spawned during a lengthy pretrial process...more

Lerch, Early & Brewer

Prenup 101: Protecting Your Rights and Assets

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Many of my clients worry about raising the idea of a prenuptial agreement with their fiancé/fiancée because of the anticipated response and what it “says” about their relationship. Whether or not a couple enters into a...more

Burns & Levinson LLP

Does My Spouse Have Any Claim to My gifted or Inherited Assets in Our Divorce?

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The answer to this question is: it depends. In general, all assets in either party’s name or in which either party has a beneficial interest at the time of the divorce are subject to division in the overall division of...more

Burns & Levinson LLP

My Spouse’s Affair Partner Has Been Using Our Marital Assets. What Can I Do?

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One of the most heartbreaking situations for any spouse is the discovery that their spouse has been carrying on an affair. Worse still is discovering that the spouse has been spending income or assets that would otherwise be...more

Lasher Holzapfel Sperry & Ebberson PLLC

Did You Buy Marriage Insurance? The Importance of Prenuptial Agreements in Community Property States

Around the world there are millions of people who rely on insurance for homes and vehicles to celebrity body parts. Nowadays, there is even insurance to cover the postponement or cancellation of one’s wedding. Ironically,...more

Lasher Holzapfel Sperry & Ebberson PLLC

Getting a Divorce? Don’t Make These Common Mistakes!

Going through a divorce can be incredibly stressful. Save yourself additional upset by doing your best to avoid: Listening to the Wrong People. Make sure to do your research and choose the right attorney; then be sure to...more

Burns & Levinson LLP

How to Have the Prenup Conversation with Your Fiancé(e)

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A prenuptial agreement is one of the most difficult issues to discuss with your intended spouse while you’re in the thick of sending out wedding invitations, tasting cake, and deciding on a venue for the ceremony. A...more

Burns & Levinson LLP

Prenuptial Agreement that Strips a Party of All Marital Interests Found Unconscionable

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Once again, the Appeals Court tells us that a prenuptial agreement that strips a party of all marital interests is unconscionable and will not be enforced. On March 30, 2023, the Appeals Court issued its decision in Rudnick...more

Burns & Levinson LLP

What Assets Are Untouchable During Divorce?

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For spouses contemplating a divorce, the issue of which assets will be divided is a significant consideration. In the United States, some states are “community property” states, meaning that most property acquired during the...more

Fox Rothschild LLP

Your Holiday Guide to Prenuptial Agreements

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We just published something about this topic only to find an email inquiry from a client asking what are the basics to such agreements. Here’s a crib sheet which is no substitute for specialized advice....more

Burns & Levinson LLP

I Want to Be Divorced ASAP. How Can I Expedite the Process?

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If you have been paying attention to the entertainment news lately, you may have seen the articles released last month about Tom Brady and Giselle Bundchen divorcing in just a day. While their divorce certainly did not take...more

Dentons

Divorce Gate -The Deflation of Marriage

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Despite any last-minute Hail Mary attempts, Tom Brady and Gisele Bundchen officially ended their 13-year marriage. It appears to have been an amicable split and the couple has miraculously finalized their case in record time....more

Burns & Levinson LLP

My Spouse Receives Stock Options as Part of Her Compensation Package. Will Stock Options Granted After Our Divorce Be Included in...

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Stock options granted to a party during a marriage are considered marital assets subject to property division upon divorce, even if the options vest after the parties are divorced. However, whether stock options that are...more

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