Massachusetts Family Law Blog

The intent of a prenuptial agreement is usually to aid in the divorce process, and to make sure that both parties are in agreement with the split of certain assets. However, some parts of the prenup do not always stand up in court.

In fact, there are times when the court may find the prenup to be void. To avoid such instances and to create a solid prenuptial agreement, it may be beneficial to know about these stipulations. 

At its core, divorce involves dividing assets, debts and, if applicable, parenting responsibilities once you no longer share a romantic relationship, and one of the most significant matters you and your partner need to address during your split is home equity. For many couples, home equity is one of, if not the, most sizable asset the two parties share between them, so dividing home equity can sometimes prove to be a point of contention after a split.

It does not have to be, though. There are three options most couples choose from when they need to determine how to divide home equity after divorce. While the following are some of the most common methods today’s divorcing couples use to divide home equity, this is not an exhaustive list of all possible options, and you and your partner may be able to get creative in crafting an agreement that works for you. However, most divorcing couples take one of the three following steps.

As half of a married couple, you likely already know that your marital assets consist of all the property, possessions and ownership interests you and your spouse have accumulated during your marriage. These are the assets that you and your spouse must divide between you if you undergo a divorce.

Unlike California and a few other states, Massachusetts is not a community property state. What this means is that Massachusetts law does not require you and your spouse to divide your marital property by means of a precise 50/50 split. Instead, your property settlement agreement must be a fair and equitable one.

Denise Garcia, the girlfriend of NBA star Lonzo Ball, is asking him for $30,000 a month. That money, she says, is for child support for their daughter who was born this summer. Garcia went as far as to call Ball a deadbeat dad on Instagram live. Deadbeat dads are those who supposedly don't support their own children financially or otherwise, and they can be found in all states, including Massachusetts.

Yet, there are no hard facts that the couple has actually broken up. Garcia, however, has allegedly said if Ball doesn't come through with the monthly payment, she will write a book that dishes the dirt on the basketball player and his family. It looks like the two will be headed to court where a judge will decide.