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Massachusetts property division may be helped by prenup

The end of a Massachusetts marriage requires a lot of decisions. These can relate to all parts of the marriage, and often include property division and child custody (for couples who are parents of minor-aged children). In determining whether to award alimony, or spousal maintenance, a court will take into consideration the length of a marriage, the income of the parties and other factors.

One recent article addressed the topic of alimony in divorce proceedings. It described a scenario where a wife paid alimony to her husband. This is because the wife is a doctor and makes a significant income, and is expected to continue to do so.

To avoid disputes over property division and alimony, the author suggests that a couple create a prenuptial agreement prior to getting married. This step can protect the assets an individual owned before a marriage and can also head off some of the arguments that can occur during divorce proceedings. In addition, a prenuptial agreement can help a person avoid paying certain debts of the other spouse, clarify financial arrangements for the marriage and speed the divorce process should that become necessary. Nevertheless, there can be pitfalls in the creation of this type of agreement.

The potentials drawbacks can include the timing of the creation of the document and the emotional challenges that it can cause for some. This can usually be avoided by careful planning well prior to the marriage date. A Massachusetts prenup actually gives the parties the opportunity to have a frank discussion about finances and how they will be handled in the marriage. These efforts will make the prenuptial agreement an asset to the couple during the marriage and in resolving any property division concerns should a divorce occur at some later date. 

Source: mediacleconomics.modernmedicine.com, "Top 7 Reasons Women Doctors Need Prenups", Rebekah Bernard MD, July 8, 2017

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