How Property is Divided in a Divorce Battle

Each family and couple is unique, therefore when it comes to deciding who will get the dog, the juicer, or even the couch, there simply can’t be a set formula for a judge to follow. Judges in Massachusetts have a lot of discretion in the area of property division based on the fact that each case is so different. While they work to be fair, it boils down to their version of “fair”, not the couple’s. This is why there are many questions regarding property division.

In Massachusetts property division law states that there must equitable distribution of marital assets. But, actually doing a 50/50 split of everything isn’t logical or even possible in most cases. The property and assets a couple acquires during their marriage can be impossible to split down the middle, especially when it comes to “living” assets such as pets. There may even be cases where property that was considered separate property has become marital property in the eyes of the law. For example, one party may have had a bank account for themselves before marriage (separate property), but if the other spouse contributed anything to it at any point in time, it may now arguably be marital property.

Assigning Value

Because of the all of the complexities, a judge will do everything in his or her power to assign a value to assets and take a look at the various factors involved in each individual case. An independent appraisal of assets, such as antiques, heirlooms, homes, and collector items may help a judge get a clearer picture as to how to divide property. Other factors that a judge will use when determining how to divide everything include:

•    The length of the marriage
•    Age of parties
•    Amount of debt carried by each
•    Contribution of assets by each party
•    Employability or skills of each
•    Needs of children and the custody situation
•    Earnings and the capacity for future earnings

Other Circumstances

There are other circumstances a judge may consider also, such as if there was behavior by one party that led to the divorce or plummeting of marital property value. For example, if one spouse had a gambling problem that depleted the couples assets and financial holdings, a judge may weigh that issue before dividing property. Other factors that may make it more difficult to simply split marital assets down the middle can affect a same sex couples divorce. If a same sex couple was only married for two years, then seeks a divorce, they may have amassed a great deal of property that reaches way beyond the two years they were legally married. If they shared a home, bank accounts, and established a home for a decade or more, assets from that time may be considered marital property by a judge.

By: Shapiro Law Group

When it comes to child custody and visitation, there are important laws and guidelines that are critical and need to be considered. Here are some of the changes that you can expect in this area in 2014, so that you can plan your next legal steps accordingly.

Second Job or Overtime?

One of the things that were safe from child support was a second job or overtime.  In recent law changes, this has completely been re-arranged; no source of income is safe anymore.  Regardless of how many hours the parent works, it will all be taken into account when child support is considered.
If this parent establishes the income after the relationship has ended; this has no effect on whether the child support is applied to the receiving party.  All of the money, whether before or after the relationship ended, overtime or second job is eligible for child support with the new law changes.

Does Child Support End at Age 19?

The new and updated law states that when a child turns 19 years old, the child support payments do no stop if the child considers a post-secondary education.  There are considerations when concerning the payments. These include but are not limited to: where the child is living and where they are receiving post-secondary education.  There are multiple collegiate financial situations in which financial assistance will have to be applied directly towards the education.

Sole & Joint Custody in Divorce Situations

In these specific situations; when there is a divorce, the most common action is to award both parents joint custody of the children; especially if there is no proof that either parent is guilty of wrong-doing.  Also, the child’s happiness is also a determining factor as well.  If a child is much happier with one parent than the other – as far as emotionally, mentally, and physical well-being, that person will be given sole custody of the child.

What Situations is Joint Custody Awarded?

If both parents come to terms and actually agree on a joint custody, the court will award both parents on the joint custody. This has to be done in a way that is clearly communicated and has the goal of the child’s best interest at hand; if not, then the court will rule towards the child’s favor.

When Does a Parent Win Sole Custody?

In a situation when a parent wins sole custody of the child, there are usually a number of determining factors.  First, there must be a personal relationship with the child.  If the parent simply tries to win sole custody and never speaks with or only occasionally spends time with the child, the court will observe that, and will not award that parent with sole custody in most cases.
If the past 6 months of responsibility has been placed on one parent, and if that child has been living with that parent, then that respective parent has the best chance of winning sole custody.
There are a ton of changes in the new law.  This article is not sufficient for every course of action. It is always best to follow the consultation of an experienced divorce attorney so that you can take the correct legal action.

By Anna Shapiro, Esq.