Massachusetts Family Law Blog

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.

Some couples make the decision to divorce gently and amicably. However, some couples involved in a high asset divorce in Massachusetts might have trouble accomplishing that. There is much at stake financially and when money and assets are involved, negative emotions can run rampant, making it hard to make logical, unemotional decisions. When one spouse -- in most instances, a husband -- wants to keep from having to split assets, he may try to dissipate them.

Dissipate is a term used when one partner intentionally mishandles assets to keep the other spouse from getting them. Some spouses with a high net worth would rather spend the money than split it with a soon-to-be former spouse. Some states -- Massachusetts among them -- issue an Automatic Temporary Restraining Order (ATRO) as soon as the divorce action is filed in order to prevent either party from doing just that..

Sharing the wealth may take on a whole new meaning come the new year. As of Jan. 1, newly divorced Massachusetts residents will be experiencing alimony payments in a new way thanks to the federal government. The person making payments will no longer be entitled to a tax deduction while the person receiving the money won't pay any tax on it at all. So, those couples who are thinking about divorcing using the current system had better have their divorces finalized prior to the beginning of 2019.

Experts are wondering how the changes will affect actions at divorce settlement negotiating tables. The tax break has been a useful bargaining tool, especially in high asset divorce cases. The area is still somewhat gray when it comes to how the new rules will affect prenuptial agreements already in place. The bottom line still is the one who has the most may be required to pay, while the other may be entitled to receive.