Financial Aspects of Divorce in Massachusetts
Gain a deeper understanding of net worth
- Product Number: 2234885WCH
- Publication Date: 5/31/2023
- Edition: 2nd Edition 2023
- Copyright: © 2023 MCLE, Inc.
Add to Favorites List
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: May 2023
MCLE's publications staff and its dedicated volunteers are pleased to present to you this 2023 edition of 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:
- Temporary relief. Chapter 2 discusses a strategy for timing a request for temporary orders in light of both the longevity of temporary orders and litigants' general reluctance to alter support amounts retroactively when negotiating a settlement.
- Cavanagh case. Chapter 2 also discusses the impact of the decision in Cavanagh v. Cavanagh, 490 Mass. 398, 423-25 (2022), with regard to what constitutes "income" for purposes of calculating child support.
- Contribution; length of the marriage. See chapter 8 for a discussion of a 2022 case in which a spouse appealed from a judgment dividing the marital estate on a roughly equal basis, arguing that he was entitled to a greater share because of his parents' contributions to the marital estate.
- Life insurance. Life insurance. Chapter 7 contains updates on changes in the specific terms of term life insurance, whole life insurance policies, and related products.
- Vaughan affidavit. Chapter 8 cites a case where the seeking of a Vaughan affidavit or, in the alternative, a conversation with the client's benefactors, is warranted, as in the case where the trustee has a duty to inform only a qualified beneficiary as to the existence of a trust.
- Buy-out; home equity conversion mortgage. In chapter 10, some hypotheticals are offered to explain how one spouse can buy out the other's interest in the marital home where a home equity conversion mortgage is present.
We at MCLE trust that you will find this new information and updated content valuable in your divorce practice, and useful in keeping your law library current.
- Update: May 2023
Table of Contents
Table of Contentsexpand allChapter 1 expand
Income: Sources, Discovery, and EvidenceBuy Chapter
Checklist 1.1- Checklist for Determining Sources of Income from Employment Buy Form
Checklist 1.2- Checklist for Determining Sources of Income from Investments Buy Form
Checklist 1.3- Checklist for Determining Sources of Income from Government Entities, Trusts, and Retirement Plans Buy Form
Checklist 1.4- Checklist of Sources of Information Regarding Opposing Party’s Income Buy FormChapter 2 expand
Child Support and AlimonyBuy Chapter
Exhibit 2A- 2021 Massachusetts Child Support Guidelines Buy Form
Exhibit 2B- Child Support Guidelines Worksheet Buy Form
Exhibit 2C- Findings and Determinations for Child Support and Post-Secondary Education Buy Form
Exhibit 2D- 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
Division of Real Property and Intangible Nonretirement AssetsBuy ChapterChapter 4 expand
Division of Retirement Assets in DivorceBuy Chapter
Exhibit 4A- IRS Sample QDRO Buy Form
Exhibit 4B- 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 4C- Rev. Rul. 2002-22, 2002-1 CB 849, 05/08/2002, I.R.C. § 1041 Buy Form
Exhibit 4D- Rev. Rul. 2004-60, 2004-24 IRB 1051, 06/04/2004, I.R.C. § 3111 Buy FormChapter 5 expandChapter 6 expandChapter 7 expand
Inheritances, Gifts, and Trust Interests in DivorceBuy ChapterChapter 8 expand
Payment of Children’s College EducationBuy ChapterChapter 9 expand
Reverse Mortgages During and After DivorceBuy ChapterChapter 10 expand
Bankruptcy and DivorceBuy ChapterChapter 11 expand
Tax ConsiderationsBuy Chapter
Exhibit 11A- Intended Taxable/ Deductible Alimony Adjustment; Intent of the Parties Buy Form
Exhibit 11B- Indemnification Clauses for Use in Separation Agreement Alternative 1 Buy Form
Exhibit 11C- Indemnification Clauses for Use in Separation Agreement Alternative 2 Buy Form
Exhibit 11D- Indemnification Agreement for Use During Pendency of Divorce Buy Form
- Editors & Authors