Financial Aspects of Divorce in Massachusetts
Gain a deeper understanding of net worth
- Product Number: 2160263B00
- Publication Date: 7/2/2020
- Edition: 1st Edition 2016, with 2020 Supplement
- Copyright: © 2020 MCLE, Inc.
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An expertly-written resource that helps you take strategic action when faced with issues relative to net worth in the division of marital assets. Topics include sources of income, indebtedness, how income is reported, valuation of businesses, disposition of life and health insurance, and division of retirement assets, allocation of trust interests, as well as post-divorce planning issues, including financing college educations. Tax considerations are threaded through the content, to help the reader to gain a sophisticated and nuanced understanding of the money divide in divorce planning.
Update: June 2020
MCLE's publications staff and its dedicated volunteers are pleased to present to you this 2020 supplementary issue for Financial Aspects of Divorce in Massachusetts . Inside, you will find insightful commentary, updated decisions, and practice tips to guide you through the financial complexities inherent in divorce litigation, including topics like these:
See Chapter 1 for detailed tips on how—and where—to collect evidence to support your argument that income should be attributed to the opposing party beyond what has been reported as taxable income. Chapter 1 provides counsel with commentary on the most common sources of such information and encourages uniquely targeted and creative discovery.
- Chapter 1 also addresses the use of a subpoena in the course of financial discovery, and the utility of this practice in obtaining financial accounts from institutions. The tips offered are highly practical.
- Owner Compensation; Double-Dipping. In Chapter 6, find new content regarding the exclusion of income deriving from capital gains income and dividend and interest income from income calculations, and factors involved where the compensation of a business owner spouse is technically part of the revenue of the business.
- Allocating College Expenses. Chapter 9 addresses the issues of discretionary payment for a percentage of undergraduate education, and the court's latitude in cases where a parent has the ability to pay a higher amount. The chapter contains a valuable tip on how to address the allocation of college education expenses so as to prevent one parent from incurring a disproportionate share of costs.
We at MCLE trust that you will find this supplementary material useful in your divorce law practice, and valuable in keeping your law library up to date and relevant for 2020.
Very truly yours,
Maryanne G. Jensen, Esq., Director of Publications
- Financial Discovery. See Chapter 1 for detailed tips on how—and where—to collect evidence to support your argument that income should be attributed to the opposing party beyond what has been reported as taxable income. Chapter 1 provides counsel with commentary on the most common sources of such information and encourages uniquely targeted and creative discovery.
- Update: June 2020
Table of Contents
Table of Contentsexpand allChapter 1 expand
Income: Sources, Discovery, and EvidenceBuy Chapter
Checklist 1.1- Checklist of Sources of Information Regarding Opposing Party’s Income Buy Form
Exhibit 1A- Checklist for Determining Sources of Income from Employment Buy Form
Exhibit 1B- Checklist for Determining Sources of Income from Investments Buy Form
Exhibit 1C- Checklist for Determining Sources of Income from Government Entities, Trusts, and Retirement Plans Buy FormChapter 2 expand
Child Support and AlimonyBuy Chapter
Exhibit 2A- Massachusetts Child Support Guidelines Buy Form
Exhibit 2B- Child Support Guidelines Worksheet Buy Form
Exhibit 2C- Child Support Findings for Child Support and Post-Secondary Education Buy Form
Exhibit 2D- DOR/CSE Tips for Family Lawyers Buy Form
Exhibit 2E- Child Support Intake Form and Application for Full Child Support Services Buy Form
Exhibit 2F- DOR/CSE Regional Offices Buy Form
Exhibit 2G- Alimony Reform Act of 2011 Buy FormChapter 3 expand
[Reserved]Chapter 4 expand
Division of Real Property and Intangible Nonretirement AssetsBuy ChapterChapter 5 expand
Division of Retirement Assets in DivorceBuy Chapter
Exhibit 5A- IRS Sample QDRO Buy Form
Exhibit 5B- Sample QDRO and Comments from Massachusetts Teachers’ Retirement System Booklet, What You Need to Know as a Party to a Domestic Relations Order Buy Form
Exhibit 5C- Rev. Rul. 2002-22, 2002-1 CB 849, 05/08/2002, I.R.C. § 1041 Buy Form
Exhibit 5D- Rev. Rul. 2004-60, 2004-24 IRB 1051, 06/04/2004, I.R.C. § 3111 Buy FormChapter 6 expandChapter 7 expandChapter 8 expand
Inheritances, Gifts, and Trust Interests in DivorceBuy ChapterChapter 9 expand
Payment of Children’s College EducationBuy ChapterChapter 10 expand
Postdivorce MortgagesBuy Chapter
Exhibit 10A- Sample HECM Promissory Note Buy Form
Exhibit 10B- Sample HECM Mortgage Buy Form
Exhibit 10C- List of EOEA Approved Counseling Agencies Buy Form
Exhibit 10D- Sample FHA Gift Affidavit Buy Form
Exhibit 10E- FHA Amendatory Clause Buy Form
Exhibit 10F- HUD Housing Counselors in Massachusetts Buy FormChapter 11 expand
Bankruptcy and DivorceBuy ChapterChapter 12 expand
Tax ConsiderationsBuy Chapter
Exhibit 12A- Intended Taxable/Deductible Alimony Adjustment; Intent of the Parties Buy Form
Exhibit 12B- Indemnification Clauses for Use in Separation Agreement Alternative 1 Buy Form
Exhibit 12C- Indemnification Clauses for Use in Separation Agreement Alternative 2 Buy Form
Exhibit 12D- Indemnification Agreement for Use During Pendency of Divorce Buy Form
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