BIGGEST DIVORCE SETTLEMENTS EVER


1.  Mel and Robyn Gibson- Robyn received $425 million
2.  Michael and Juanita Jordan- Juanita received $168 million
3.  Neil Diamond and Marcia Murphey- Marcia received $150 million
4.  Greg and Laura Norman- Laura received $105 million
5.  Tiger Woods and Elin Nordengren- Elin received $100 million
6. Steven Speilberg and Amy Irving.  Amy received $100 million
7. Madonna and Guy ritchie- Ritchie received $92 million
8.  Harrison Ford and Melissa Mathison- Melissa received $85 million
9.  Kevin Costner and Cindy Silva- Cindy received 80 million

10. James and Linda Cameron- Linda received $50 million

         The divorce laws that apply to celebrities are the same as the ones that apply to the rest of us.  Just like the real world, in 9 of 10 celebrity cases, the Husband paid a settlement to the Wife.  In one case (Madonna v. Ritchie), the Wife paid the Husband.  The celebrities fight about money and children just like the rest of us.    If you ever feel the laws and the Courts are not fair, just remember no one can escapes the divorce laws.  

                                   

                                           Governor Patrick signs long term care insurance bill

                        The Massachusetts Chapter of the National Academy of Elder Law Attorneys (MassNAELA) today announces a legislative victory for seniors, as Governor Deval Patrick has signed into law a bill protecting individuals from losing their homes if they choose to use long-term care insurance for community-based care before entering a nursing home. Bill S.2359 grants an exemption from MassHealth estate recovery claims whether an individual uses their long-term care insurance for at-home or nursing home care. Prior to this bill, the MassHealth estate recovery exemption only applied when long-term care insurance policies were used for nursing home care.

Marriage and Divorce Agreements

MARRIAGE AND DIVORCE AGREEMENTS

Premarital Agreements – executed in contemplation of marriage

1.     Validity of Agreement

            -recognized in when signed

            -freedom to contract

            -permitting parties to arrange their financial affairs as they deem fit

            - agreement could so unreasonably encourage divorce as to be against

              public policy

2.     Judicial Review of Agreement

            -generally approved

            - parties are free to reject an unsatisfactory agreement

3.     Fraud and Coercion

            -not enforceable if tainted by fraud and coercion

            -party alleging fraud and coercion must prove it

            - parties are considered to be dealing at an arms’ length

            - were parties informed

            - was signature voluntary

4.     Disclosure of Assets

            -full and fair disclosure

            -informed decision

            -written statement

                        -significant assets with approximate value

                        - approximate annual income

                        -significant future acquisitions or changes in income

                        - disclosure need not be exact

5.     Waiver

            -meaningful choice

            - representation by counsel

            -adequacy of time to review agreement

            -party’s understanding of rights       

6.     Fair and Reasonable Terms

            -fair and reasonable when signed and when enforced

Postmarital Agreements- signed during marriage

1.     Validity of Agreement

            - recognized in now

2.  Judicial Review

            - carefully scrutinized

            -choices are different when spouse attempting to save a marriage

            -situation full of opportunity for one spouse to sue threat of dissolution to                           bargain themselves into a position of advantage

                        - parties not at an arms length

                        -knowing and explicit agreement to waive the right to equitable division

            3.  Fraud and coercion

                        -burden shifting analysis

                        -intensity of negotiations

            4.  Disclosure of Assets

                        - duty of absolute fidelity

                        -confidential relationship

                        -fiduciaries without the safeguard of divorce obligations and court-ordered                           disclosure

            5.  Waiver

                        -knowing and voluntary relinquishment

            6.  Fair and Reasonable Terms

                        - context of agreement

                        -purpose of agreement

                        -disparity of income and assets

                        -may not be equal bargaining power

                        - consideration of divorce factors

Separation/Divorce Agreement- signed in anticipation of divorce judgment

1.     Validity of Agreement

            -recognized since 1976

2.     Judicial Review

            -parties have full protection of divorce laws

            - Court will review every term

            -considered in light of your Judge’s experiences

3.      Fraud and coercion

4.     Disclosure of Assets

            -required by statute

            - more than approximate values

5.     Waiver

6.     Fair and Reasonable Terms

            -influenced by views of your Judge

CHILD SUPPORT GUIDELINES REVISED IN 2009

                   CHILD SUPPORT GUIDELINES REVISED IN 2009

Clients who pay or receive child support should be aware of the revised Child Support Guidelines that became effective January 1, 2009. If you have not reviewed your support payment in the past 3 or 4 years, you should look at the new rules.  These revised guidelines adopt significant, broad-based changes intended to make the rules simpler, more comprehensive and consistent with economic and societal changes over the last two decades.  The following is a list of some of the most significant changes:

1.       The revised guidelines apply up to a combined parental income of $250,000.00;

2.       Child support may be modified if the existing order is at least three years old;

3.       Child support increases for additional children;

4.       Health insurance costs are deducted from gross income in arriving at income available to pay child support;

5.       The revised guidelines apply in shared physical custody cases;

6.       The revised guidelines provide a formula for determining child support in shared custody cases;

7.       The list of included sources of income is more inclusive;

8.       Expense reimbursement, in-kind payments and personal use of business property and payment of personal expenses by a business may be included in income if they reduce personal living expenses. 

For further information on the new Child Support Guidelines, please go to http://www.mass.gov/courts/childsupport/

Old                                                                  New

Based on traditional custody                           Primary residence with one parent and one-

and visitation                                                  third of time with other

Did not apply in shared custody

arrangement                                                     Specifies how child support should be

                                                                        calculated in shared custody arrangement

Second job or overtime income

considered                                                      second job and overtime income not counted

Courts look at whether part-time                    Courts look at history of income and

jobs and overtime are regular                          expectation that income will continue to be

source of income when family                        available and the impact on the parenting

intact                                                               plan

Increased support when oldest

child reaches 13                                              No adjustment at 13

Support for children over 18

at Court’s discretion                                       Does not apply to children over 18

Payor is credited for one half

of health insurance if it covers

children                                                           Entire cost of health insurance is deducted

                                                                        from the salary of payor or recipient regard-

                                                                        less of who covers the children

Custodial parent’s income

reduced by $20,000.00                                   Both parties’ income treated equally

Custodial parent pays first $100.00               Custodial parent is responsible for first

Per child per year of uninsured                      $250.00 of uninsured medical, dental,

medicals                                                         vision expenses

Attribution of income does not apply                        Attribution of income can apply to either

to custodial parent with children                   party if unemployed or underemployed

who are under the age of 6 

                                         THE DIVORCE PROCESS

           There are three ways to file for divorce in Massachusetts, and the procedures for each are slightly different.

            Section 1A-unconstested

            This process requires filing a Separation Agreement (actually the divorce agreement), financial statement and affidavit of irretrievable breakdown with the divorce petition.   If the divorce involves children, the parents must take the parenting course and file the certificates with the court.  The Separation Agreement must include provisions governing all of the issues in the divorce, and both parties must sign it in front of a notary.   The court will schedule a hearing date 4-6 weeks after the parties file the papers.  The actual hearing involves about 3 minutes of questions and answers.  A Section 1A divorce becomes final 4 months after the hearing date.

            Section 1B- contested

            One spouse initiates a “1B” divorce by filing a complaint for divorce on the grounds of irretrievable breakdown.  In this type of action, the parties acknowledge that the marriage is irretrievably broken down but they are unable to reach an agreement on property, custody or support.  By statute, the court will not hear or try the divorce for six months from the date of filing.  During that six- month period, the attorneys will generally conduct “discovery” and try to reach an agreement.   If there are children, both parents must take the parenting course.

            “Temporary orders” may be appropriate if the spouses cannot agree on what will happen during the divorce process.  Temporary orders may be your first experience with the judge and the probate court system.  Temporary orders generally involve custody, visitation, child support, alimony and health insurance as well as use and occupancy of the marital home. Ordinarily, the parties first meet with a family service officer who will help mediate the issues.  If a mediated agreement is not possible, a judge will hear the matter and render a decision.   Temporary orders generally remain in effect while the divorce is pending. 

            Discovery is a legal technique for gathering information.  Some discovery is mandatory, and other discovery is optional.  Discovery can be formal or informal. Within the first 45 days of filing a complaint for divorce, the parties must supply each other with copies of various documents called mandatory discovery.  I am including a copy of Rule 410 of the Supplemental Rules of the Probate Court so you will have the list of documents that you must provide to your spouse.  Either party may send a written list of questions called interrogatories to the other party who must answer them under oath within approximately 30 days.  Either party may send the other a request for production of documents, which is a list of additional documents that the other party must produce.  Typically, these documents are financial records including tax returns, credit card statements, account statements and copies of checks and check registers.  In addition, either party’s attorney may take the other party’s deposition.  At the deposition, the attorney will ask questions of the other party and a stenographer transcribes the parties’ response and produces a written transcript. 

            At some point during the process, the court will schedule a pre-trial conference.  The courts require that the parties and their attorneys meet prior to the pre-trial conference.  This is a good opportunity to negotiate a settlement agreement.  If the parties are unable to reach agreement at the conference, they will appear in court with their attorneys and present to the judge the facts and issues as assembled to date.  The judge will then give the parties his or her impression of the case and an indication of what the result might be if the case went to trial.  This input from the judge often results in a negotiated settlement on the day of the pre-trial conference or shortly after the pre-trial conference.  If a settlement occurs, the judge will enter an order divorcing the parties under Section1B and the divorce will be final in 3 months.

            If the case does not settle at the pre-trial conference, the judge will schedule a trial date.  Over 90% of divorces in Massachusetts settle prior to trial by agreement of the spouses.  Should your case go to trial, which is unlikely, you and I will spend a good deal of time preparing for it so you will know what to expect long before the trial date.

            Fault Divorce    

                        In addition to irretrievable breakdown as grounds for divorce, there seven fault grounds in Massachusetts.  They are:

            1.  cruel and abusive treatment;

            2.  desertion;

            3.  adultery;

            4.   impotency;

            5.  gross and confirmed habits of intoxication (including drug abuse);

            6.  prison sentence, and

            7.  nonsupport.

            The process for a fault divorce is identical to the process for a no- fault divorce.  With respect to alimony, custody or property division, the relative fault of the parties are seldom decisive and play little role in the ultimate resolution of a divorce case.  Very few parties request a fault divorce.

            

            

Alimony Reform in Massachusetts

                         ALIMONY REFORM IN MASSACHUSETTS

                                                                (effective March 1, 2012)

                What is alimony?

·         The payment of support from a spouse who has the ability to pay to a spouse in need of support for a reasonable length of time, under a court order

                Are there different types of alimony?

·         General term alimony

                Periodic payments to an economically dependent spouse

·         Rehabilitative alimony

                Periodic payment for a predicted amount of time

·         Reimbursement alimony

                Reimbursement in a marriage 5 years or less

·         Transitional alimony

                Transition to an adjusted lifestyle in a marriage of 5 years or less

                How long does alimony last?

·         Terminates upon death of either spouse

·         Terminates upon remarriage of recipient

·         Marriage 5 years or less- 50% of # of months of marriage

·         Marriage 5-10 years- 60 % of # of months of marriage

·         Marriage 10-15 years - 70% of # of months of marriage

·         Marriage 15-20 years- 80% of # of months of marriage

·         Marriage of 20 years or more- indefinite

·         Cohabitation prior to marriage may be considered

·         Alimony suspended or reduced upon cohabitation

·         Until retirement of payor

                How is the amount of alimony calculated?

·         Generally not more than recipient’s need or 30-35% of the difference in incomes

·         May be unallocated child support and alimony- tax benefit

                May a judge deviate from these rules?

·         Length of marriage

·         Age of the parties

·         Health of the parties

·         Income of the parties

·         Employment and employability

·         Economic and non-economic contributions

·         Marital lifestyle

·         Ability of parties to maintain marital lifestyle

·         Lost economic opportunity as a result of marriage

·         Other relevant factors

                Modifications

·         If existing order exceeds the durational limits

·         Married 5 years of less- on or after March 1, 2013

·         Married 5-10 years- on or after March 1, 2014

·         Married 10-15 years- on or after March 1, 2015

·         Married 15-20 years- on or after September 1, 2015

RE: CHILDREN’S CONCERNS DURING FOR DIVORCE

            This memorandum is designed to give you a general overview of how separation and divorce may affect your child.  It has been my observation that a child’s behavior may change radically and unpredictably during the divorce process.  There are, however, distinct patterns, based on age and sex that have been identified by the experts.  Awareness of the predicable patterns of children’s responses to separation can alleviate unnecessary anxiety and conflict.

THE LAW

            Massachusetts law favors joint legal custody.  Pending final judgment of divorce, there is a presumption that legal custody will be joint unless there are extreme circumstances that would make joint legal custody not in the child’s best interests.  In Massachusetts, the statute is G.L. c. 208, Section 31.  In cases of domestic violence, sole legal custody may be appropriate.  Joint legal custody means that both parents, by law, will have decision making responsibility in major child-related issues such as education, medical treatment, religious training and recreational activities.

            Joint legal custody does not mean equal sharing of physical custody or equal involvement in routine daily decision making.  Most commonly, physical custody of the children remains with the parent who has been the primary caretaker.  Historically, it has been the mother who acts as primary caretaker.  Over the past several years there has been an increase in the father’s caretaking responsibilities with more and more fathers seeking physical custody.  In general, most fathers do not seek primary physical custody of the children.  Fathers who seek custody based on the mother’s neglect or abuse are often awarded physical custody.  Despite this increase, physical custody is still generally with the mother.  Under normal circumstances, the father’s time with the children is planned around his work and the children’s activities.

            In some cases, parents make efforts to work out a schedule of joint physical custody with more equal timesharing such as three days at one home, four days at another or alternating weeks.  Because of the disruption of the child’s life, an effective joint physical custody arrangement is hard to achieve for most divorcing parents.

            There are no mandatory timesharing requirements and the needs of the children change as the children grow and mature.  It is important to be flexible in designing parenting arrangements that work for all of the involved parties.  I will give you some examples of arrangements that often work well.  Please remember that the particular arrangement should depend on the needs of the children.

            One of the major concerns that children have is a fear of abandonment, and mental health professional suggest that both parents, together, explain (1) why the separation is occurring and (2) what the plans of both parents are concerning future living arrangements.  Since children at certain ages may feel they are to blame for the separation, they need reassurance that they are not at fault and will continue to be loved and appreciated by both parents.

            In the early stages of separation, it is often useful to tell adults who play a major role in the children’s lives (teachers, babysitters, child care personnel) of the situation and ask them to be alert to and inform you of any significant behavioral changes.

PATTERNS OF BEHAVIOR AND THE NEEDS OF THE CHILDREN

            Research in the area of family dissolution has identified certain patterns of behavior in children following separation and divorce that appear linked to the child’s age and sex.  The following summary is a brief overview.  Not all children demonstrate these patterns.  Generally the patterns are short-lived and not permanent.  However, the information may assist you in structuring a child custody arrangement for sharing the care of your child and enable you to minimize disorientation for your child.

Infancy, Toddlerhood  (Birth to 3 Years)    

           

            In infancy, the child’s primary need is for a consistent major caretaker.  The total dependency of the infant and the need for early emotional bonding with one central nurturing figure would appear to necessitate consistency of environment and one primary parent figure.  Joint physical custody is generally viewed as inappropriate at this level.  Moreover, because the infant’s memory span is so undeveloped time away from the primary caretaker should be limited.  Ideally, the noncustodial parent should have short and frequent contact with the child in the home or on brief outings.  Weekend visits with the infant, away from the primary caretaker and in a new environment, are generally not recommended as the best alternative.

            As the child moves into a toddler phase parenting can be more broadly shared.  Weekends or several days away from the home base with the noncustodial parent are appropriate at this stage, although parents must recognize that for a toddler, changes in his or her physical world may be terrifying and appear dangerous.  Thus, the toddler may respond with caution to visits outside the home because separation anxiety is a major concern at this stage of development.

Preschool and Kindergarten  (3-5 Years)

            Both parents become central figures for children, and knowledge of the differences between the sexes is a central issue in this stage of development.  Access to both mother and father is critical.  A core home environment continues to be more supportive of the child than a joint physical custody arrangement, but this is the age where meaningful interaction with and differentiation between parents are important for the child’s progress.

            At the preschool level, children respond to the divorce situation very strongly, with mixed feelings of guilt, fear of abandonment, and sadness.  Loss of self-esteem is common.  Boys tend to react more strongly than girls and become increasingly demanding.  For girls, feelings of abandonment and desertion are prevalent.  A common reaction for both male and female children is regression- a retreat to babyhood in an attempt to deal with the trauma of divorce.  Bedwetting, thumb sucking and playing with outgrown toys are not unusual responses to divorce.  Tears and trauma surrounding visitation are more usual than not-with the child fearing loss of the parent he or she is leaving.  This behavior often causes great conflict between parents if they fail to understand that its source is the child’s sadness about loss of the intact family unit.  Open conflict between parents with children of this age, which often erupts as a result of child’s behavior, is particularly harmful.

Early School Age Children (6-8 Years)

            In general, children of this age more clearly understand what divorce means and how it will affect them, but they still lack the emotional capacity to separate your needs, as an adult, from theirs.  Their most pervasive feeling is sadness, and boys show it more openly through tears than girls do.   Children are afraid of being left alone or being sent to live with strangers.  They have fantasies of deprivation focusing on food, toys or some other important aspect of their lives and may react by demanding gifts or treats.  You may find them checking the refrigerator or cabinets to make sure you have enough food.  Their yearning for the departed parent is intense and may bear no relationship to how close they were to that parent before the separation.  This reflects the inner need, especially for boys at this age, for a father figure.  It is noticeable that children this age seldom criticize the absent parent, although some (mostly boys) are angry at their custodial mother.  Often, this anger is not expressed directly to the mother but is directed at teachers, friends or siblings.

            While parents are still crucial to the child, they are a major part of, but not the only focus of the child’s world.  Frequent contact with the noncustodial parent through direct contact, phone calls and e-mails appear to increase the child’s sense of well-being.

Older School-age Children ( 9-12 Years)

            This is a period of rapid emotional growth and ego strengthening, and children at this age are generally better able to withstand the stress of separation without regression.  Below the surface, the child may be trying to cope with feelings of helplessness and rejection.  For some children, coping takes the form of frantic activity designed to compel the departing parent to return.  Physical symptoms such as headaches or stomachaches are not unusual.  The child’s sense of identity is closely tied to the family at this age, so he or she may begin to comment on real or imagined resemblances to one or both parents. 

            The clearest emotion in children this age is intense and focused anger, most commonly directly at the parent they blame for the divorce.  The custodial parent is often the brunt of the most clearly expressed anger since the child may be afraid to risk permanent loss of the parent they see less.  Some children are willing to align themselves with the “good parent” against the “bad parent,” often along gender lines.   If the good parent is also the custodial parent, this alignment can be long lasting.

            Boys appear to have a more difficult time than girls at this age and, if living with their mothers, seem to have a problem with authority.  Often, the help of male teachers is useful for boys of this age.  For girls, anger may be acted out in less than straightforward fashion including teasing, pinching and other similar behaviors.

Adolescents (13- 18 Years)  

            The teenager’s reaction to divorce is intense and anguished because divorce reverses the normal maturation of the adolescent years.

            Adolescence is a time when children separate from the family and parents.  In order to do so successfully, the child relies on a stable and solid family unit that can withstand his or her own inner sense of turmoil and instability.  Divorce places the family unit in disarray.  Often the adolescent is torn by feeling the normal need to separate from parents, combined with guilt at pushing away form a distressed and needy parent.  Young teenagers particularly are conflicted with a perceived need to take care of a parent contrasted with a desire to escape.

            If a parent adopts a more youthful style of dress or begins dating, the adolescents may see this as competitive behavior, which will be both criticized and resented.  Often, teenagers have specific fears as to who will support them or pay for college, how they will “rate” as sexual partners and whether they will fail at marriage.  Since most separating families have to live on a reduced budget, money issues can be a significant source of tension.

            Adolescents mourn the passing of the family.  They also are very angry.  They may yell or even react with physical violence.  Their anger stems from their grief, but it is also directed at their parents “selfishness” in breaking up the family at the very time they relied so heavily on it.

            To cope, the teenager may seem to withdraw from the parent and the family crisis, spending more time with friends or at school activities.  If coping takes the form of a temporary retreat from current levels of maturity, parents may notice their teenager spending time with younger children, at home or withdrawing from age-appropriate activities at school.  Grades may drop.  An adolescent who feels betrayed may exhibit depression or delinquent behavior, including premature sexual activity and drug and alcohol abuse.

 The family crisis can have a positive effect on the teenager: a growth in maturity and understanding, a willingness to take on extra tasks, etc.  However, while he or she may be supportive, be aware that too intense an emotional dependency on your teenager, which can be very tempting in the face of loss of a spouse, can interfere with the teenager’s own emotional development.

            Overall, most children learn to cope with your divorce, which is also their divorce.  In some cases, it means relief from an abusive or disturbed parent.  In some cases the separation will benefit both child and parent.  In the majority of families, however, divorce is a painful and disruptive event in a child’s life.  How severe and long-lasting the effects will be depends in part on the divorcing parents.  Parents must add to the already great burdens of their own distress an awareness of and sensitivity to the effects of divorce on their children, as well as an ability to separate their own feelings about their spouse as a spouse from a view of the othe

Divorce statistics in the United States

·         60 percent of all divorces occur when individuals are between the ages of 25 and 39

·         Almost 49 percent of marriages end up in divorce

·     The divorce rate of first time marriages is almost 10 percent less than the divorce rate of second marriages

·         Over a 40 year period, 67 percent of first marriages terminate in a divorce and 50 percent of these divorces take place within the first 7 years

·         First marriages end up in divorce on average after less than 8 years

Divorce statistics regarding the risk of divorce

·      In the case of individuals who have attended college, the risk of divorce is reduced by 13 percent

·         If a person has strong religious beliefs, the risk of divorce is 14 percent less

·      When the parents are happily married ,the risk of their children divorcing decreases by 14 percent

·       For those who marry for the first time after they attain the age of 25, the risk of divorce is less by 24 percent

·      If a families’ yearly income is more than 0.5 million, the risk of divorce decreases by 30 percent

Effects of divorce on children

·    The possibility that a teenage girl from a single parent home will give birth to an out-of-wedlock child or will drop out of high school is twice as high as a teenage girl living with both parents

·    50 percent of the children in this country are a witness to the breakup of their parents’ marriage.

·         Almost half of these 50 percent are a witness to the second divorce of a parent.