Author: Catherine Spanu

What Assets Are Untouchable During Divorce?


 

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 marriage, excluding gifts, inheritances, and assets owned prior to the marriage, is considered “marital” and accordingly divisible in the event of divorce. Other states, including Massachusetts, are “equitable distribution” states, meaning that assets held by either party acquired either before or during the marriage, including assets received via gift or inheritance or assets held at the time of the marriage, are “equitably” divided at the time of divorce.

In Massachusetts, absent a prenuptial or postnuptial agreement, the vast majority of assets are “touchable” (i.e., divisible) in divorce. Massachusetts law has a very broad definition of “marital estate” or “marital property” in the context of divorce. The marital estate includes all property to which either party holds title, whenever and however acquired, and wherever situated. The marital “pot” includes everything a divorcing party owns. This does not mean that a judge will necessarily give one spouse’s beloved autographed baseball collection to the other, but that the value of that collection will be taken into account … Keep reading


After going through a divorce, particularly a difficult one, some people plan never to remarry. For others, remarriage may feel like the fresh start they need and the chance to try again after it didn’t work out the first time. There are several considerations any remarrying divorced person should be aware of, including possible impacts on your finances and children, and even the timing of your wedding (and then, of course, the possible need for a prenup before you say “I do” again!).

Reach out to your attorney to confirm that you can legally remarry.

Massachusetts imposes a 90- or 120-day waiting period between the date of your divorce judgment and the date that your divorce becomes final or “absolute.” If you remarry during this period (referred to as the “nisi” period), your marriage will be void. Confirm with your attorney when the nisi period ends to ensure that your remarriage is valid.

Consider the impact of your remarriage on your children and how to discuss the topic with them.

Blended families are common and often extremely happy and healthy. A solid foundation for a successful blended family is honesty and openness with your children, who will be significantly … Keep reading

DLM Blog Post – What Not to Do During a Divorce (2022 Edition) Part II - Financial


In the second part of this two-part series, you will learn about financial pitfalls to avoid in the divorce process. Experienced divorce counsel can guide you to ensure that financial decisions don’t cost you credibility, time, and money. Always consult your attorney before taking any action that would have a significant financial impact, and consider these top 10 “what not to do” tips regarding finances.

1. Do not forget to disclose all of your assets, income, and liabilities, and do not attempt to hide them. 

You must disclose all assets, income, and liabilities to your divorce attorney and the Court. Failing to disclose them, and especially purposefully trying to hide them, can harm your credibility in court and result in increased legal fees, time, and annoyance.

2. Do not gift assets to friends or family members. 

Once you file a complaint for divorce or are served with a complaint for divorce, Supplemental Probate and Family Court Rule 411 (“Rule 411”) goes into effect and prohibits you from gifting assets to third parties. If you gift assets, the Court could find you in contempt, or you could receive fewer marital assets in the divorce to account for those gifts. Even … Keep reading


Catherine Spanu, Burns & Levinson

A lot of emotions and impulses can arise during a divorce, and it’s critical to avoid any behavior that you may regret– including in the courtroom. What’s at stake? Credibility, time, money, custody, and peace of mind, to name a few. Below, read the top 10 behaviors to avoid during a divorce.

  1. Do not put anything in writing that you wouldn’t want to have read aloud in court.

    This means no harsh text messages or emails to your spouse, and no nasty messages to friends and family about your spouse either. If you are upset or overwhelmed and need to vent, speak to a therapist or other mental health professional, or, if this isn’t possible, a trusted friend or family member in a private location (and never vent to your children about their parent or stepparent).

  2. Do not put any tracking devices on your spouse’s car or electronics.

    Even if you suspect them of having an affair, installing tracking devices or spying on them or their friends will not produce any information that is valuable enough to risk your credibility in court. This type of behavior is frowned on by judges, and infidelity – without something else such as

… Keep reading
5 Reasons to Avoid Court in Your Divorce Proceedings


Court is inevitable in divorce proceedings. Even if you and your soon-to-be ex-spouse are in full agreement on all issues, you’ll need a judge of the Probate and Family Court to approve your separation agreement and incorporate it into a judgment of divorce. The judgment of divorce legally terminates your marriage. In cases where agreement cannot be reached, there can be numerous appearances in court, including motions, pre-trial and trial. There are some reasons you may want to consider avoiding a trial and instead consider mediation or other forms of alternate dispute resolution:

  1. Uncertainty: If you take your case to a judge to decide all issues or even just one or two issues that you and your spouse can’t agree on, there is uncertainty in going before the judge. Probate and Family Court judges have a lot of discretion in making decisions in a divorce, particularly those relating to child custody and asset division. So, one judge could decide your case differently than another, and parties do not get to choose which judge is assigned to their case. It can be hard to know what your assigned judge will do in your case and what the result will
… Keep reading
We’re Divorcing – Who Keeps the Pet?


According to the American Veterinary Medical Association, pet populations, particularly dogs and cats, are on the rise and expected to continue to increase through at least 2030. Many people have welcomed a new pet to the family during the COVID-19 pandemic as well. A common question that clients ask their divorce attorneys is: who keeps our fur baby?

In the Probate and Family Court in Massachusetts, as in most family courts in the U.S., pets are treated as personal property. This means that they’re divided between a divorcing couple according to the same considerations that are applied to things like the toaster, the china, and the lawnmower. Under the law in Massachusetts currently, it’s not possible to have a “visitation” schedule for pets, unlike the parenting plans included in separation agreements or divorce judgments for any divorcing couple with children. For children, courts consider the children’s best interests in determining custody and a parenting plan, but a pet’s best interests won’t be considered, and a Probate and Family Court judge won’t order a “visitation” schedule or “pet parenting plan” for pets.

So, in considering who keeps the pet, the Court will take the same factors into consideration that they … Keep reading