Product Description

Recent updates:

• Update: May 2023

  Dear Subscriber:

  MCLE's publications staff and its dedicated volunteers are pleased to present to you this 2023 edition of Financial Aspects of Divorce in Massachusetts . Inside, you will find insightful commentary, updated decisions, and practice tips to guide you through the financial complexities inherent in divorce litigation, including topics like these:

  • Temporary relief. Chapter 2 discusses a strategy for timing a request for temporary orders in light of both the longevity of temporary orders and litigants' general reluctance to alter support amounts retroactively when negotiating a settlement.

  • Cavanagh case. Chapter 2 also discusses the impact of the decision in Cavanagh v. Cavanagh, 490 Mass. 398, 423-25 (2022), with regard to what constitutes "income" for purposes of calculating child support.

  • Contribution; length of the marriage. See chapter 8 for a discussion of a 2022 case in which a spouse appealed from a judgment dividing the marital estate on a roughly equal basis, arguing that he was entitled to a greater share because of his parents' contributions to the marital estate.

  • Life insurance. Life insurance. Chapter 7 contains updates on changes in the specific terms of term life insurance, whole life insurance policies, and related products.

  • Vaughan affidavit. Chapter 8 cites a case where the seeking of a Vaughan affidavit or, in the alternative, a conversation with the client's benefactors, is warranted, as in the case where the trustee has a duty to inform only a qualified beneficiary as to the existence of a trust.

  • Buy-out; home equity conversion mortgage. In chapter 10, some hypotheticals are offered to explain how one spouse can buy out the other's interest in the marital home where a home equity conversion mortgage is present.

  We at MCLE trust that you will find this new information and updated content valuable in your divorce practice, and useful in keeping your law library current.

  Cordially,

  MCLE Press

Table of Contents

Chapter 1 expand

Income: Sources, Discovery, and Evidence

Buy Chapter

Emmanuel J. Dockter, Esq.,
Michael L. Leshin, Esq., Goldman & Sidgwick, LLP

Checklist 1.1

- Checklist for Determining Sources of Income from Employment Buy Form

Checklist 1.2

- Checklist for Determining Sources of Income from Investments Buy Form

Checklist 1.3

- Checklist for Determining Sources of Income from Government Entities, Trusts, and Retirement Plans Buy Form

Checklist 1.4

- Checklist of Sources of Information Regarding Opposing Party’s Income Buy Form

Chapter 2 expand

Child Support and Alimony

Buy Chapter

Pasquale DeSantis, Esq., Prince Lobel Tye LLP
Peter A. Kuperstein, Esq., Prince Lobel Tye LLP
Richard M. Novitch, Esq., Todd & Weld LLP
Donald G. Tye, Esq., Prince Lobel Tye LLP

Exhibit 2A

- 2021 Massachusetts Child Support Guidelines Buy Form

Exhibit 2B

- Child Support Guidelines Worksheet Buy Form

Exhibit 2C

- Findings and Determinations for Child Support and Post-Secondary Education Buy Form

Exhibit 2D

- 2D—DOR/CSE Tips for Family Lawyers Buy Form

Exhibit 2E

- Child Support Intake Form and Application for Full Child Support Services Buy Form

Exhibit 2F

- DOR/CSE Regional Offices Buy Form

Exhibit 2G

- Alimony Reform Act of 2011 Buy Form

Chapter 3 expand

Division of Real Property and Intangible Nonretirement Assets

Buy Chapter

Emmanuel J. Dockter, Esq.,

Chapter 4 expand

Division of Retirement Assets in Divorce

Buy Chapter

Ari J. Sonneberg, Esq., Wagner Law Group, PC
Marcia S. Wagner, Esq., Wagner Law Group, PC

Exhibit 4A

- IRS Sample QDRO Buy Form

Exhibit 4B

- Sample QDRO and Comments from Massachusetts Teachers’ Retirement System Booklet, What You Need to Know as a Party to a Domestic Relations Order Buy Form

Exhibit 4C

- Rev. Rul. 2002-22, 2002-1 CB 849, 05/08/2002, I.R.C. § 1041 Buy Form

Exhibit 4D

- Rev. Rul. 2004-60, 2004-24 IRB 1051, 06/04/2004, I.R.C. § 3111 Buy Form

Chapter 5 expand

Business Valuation

Buy Chapter

David M. Bilodeau, Esq., Goldstein & Bilodeau, PC
Howard I. Goldstein, Esq.,

Exhibit 5A

- Example Request for Production of Documents Buy Form

Exhibit 5B

- Example Request for Interrogatories Buy Form

Exhibit 5C

- Example Deposition Subpoena Buy Form

Chapter 6 expand

Life Insurance

Buy Chapter

Brendan M. Collins, Esq.,
Julie Linehan, Northwestern Mutual
Kelly A. Schwartz, Esq., Fitch Law Partners LLP

Exhibit 6A

- Sample Benefits and Premiums Buy Form

Exhibit 6B

- Special Authorization Form Buy Form

Exhibit 6C

- Draft HIPAA Waiver Buy Form

Chapter 7 expand

Inheritances, Gifts, and Trust Interests in Divorce

Buy Chapter

Jonathan E. Fields, Esq., Fields and Dennis LLP

Chapter 8 expand

Payment of Children’s College Education

Buy Chapter

Larry Dannenberg,
Barbara L. Drury, Esq., Fitch Law Partners LLP
John P. Foley, E3 Financial Planning
Al Hoffman, College Funding Service Center
Stephen A. MacKenzie, Esq., Fitch Law Partners LLP
Andrea M. Winterer, E3 Financial Planning

Chapter 9 expand

Reverse Mortgages During and After Divorce

Buy Chapter

Stephen R. Pepe, Esq., Longbridge Financial, LLC

Exhibit 9A

- Sample HECM Promissory Note Buy Form

Exhibit 9B

- Sample HECM Mortgage Buy Form

Exhibit 9C

- List of EOEA Approved Counseling Agencies Buy Form

Exhibit 9D

- Sample FHA Gift Affidavit Buy Form

Exhibit 9E

- FHA Amendatory Clause Buy Form

Chapter 10 expand

Bankruptcy and Divorce

Buy Chapter

Mark G. DeGiacomo, Esq., Murtha Cullina LLP

Chapter 11 expand

Tax Considerations

Buy Chapter

Claire K. Forkner, Esq., Lee & Rivers, LLP
David H. Lee, Esq., Lee & Rivers LLP

Exhibit 11A

- Intended Taxable/ Deductible Alimony Adjustment; Intent of the Parties Buy Form

Exhibit 11B

- Indemnification Clauses for Use in Separation Agreement Alternative 1 Buy Form

Exhibit 11C

- Indemnification Clauses for Use in Separation Agreement Alternative 2 Buy Form

Exhibit 11D

- Indemnification Agreement for Use During Pendency of Divorce Buy Form

Editor(s)

Author(s)