When spouses are going through a divorce, one thing that always must be addressed is property division. However, when one or both spouses own a business, or even have an interest in a business, property division can be much more complicated. A common question spouses ask is: Do I have to give my spouse part…
divorce and marital property
Does My Spouse Have an Interest in My Business When We Divorce?
In a divorce, money can be one of the biggest issues spouses fight over. However, when one (or both) spouses own a business, this can be an even more complicated (and sometimes uglier) fight. A common question business owners ask when they are going through a divorce is whether their spouse has an interest in…
FAQ’s About Divorce in Massachusetts
Here are some common FAQ’s About Divorce in Massachusetts: Q: Should I file first for divorce? A: The answer to this question is largely a case-specific answer. The determination of value of assets, which goes to the equitable division of marital assets pursuant to M.G.L. c. 208 §34, is determined from the date of marriage…
Who gets the house in a divorce?
Q: I’m getting a divorce. Who gets the house when the divorce is finalized? A: The short answer is, it depends. There are many factors that must be considered in determining who gets to keep the marital home during a divorce. Q: What factors are considered in determining who gets the marital home in…
Property Division in a Divorce
Q: What is martial property? A: Massachusetts law has a very broad definition of marital property. It defines marital property as property owned by either or both spouses, whether acquired during the marriage, or prior to the marriage. This means that if property is in only one spouse’s name, or was bought before the marriage,…
Postnuptial Agreements
Dear Clients and Friends, Properly executed pre-nuptial agreements have been enforceable for sometime in the state of Massachusetts. These agreements are entered into between the couple before they are married to protect assets each party had at the time of marriage. Here are Amaral & Associates, P.C., we prepare pre-nuptial agreements on a regular basis…
PreNups: Myths v. Truths
There are several myths regarding Pre-Nuptial Agreements that prevent many couples from broaching the topic. Keep reading to find if a Pre-Nup is right for you! MYTH #1: ONLY PROTECT WEALTHIER SPOUSE False. Pre-Nuptial Agreements must be fair for both parties. If the Agreement is found to be unconscionable by the Judge, it will not…
Divorcing During Your Golden Years
Recently there has been an uptick in divorces amongst Baby Boomers. Given that Baby Boomers are now in their 60’s, a divorce involving Baby Boomers, or any older couple, is known as a gray divorce. Although a divorce for an older couple proceeds just like any other divorce does, there are certain factors that both…
You must be logged in to post a comment.