Frequently Asked Questions

A divorce is a process that ends with a court judgment that ends a marriage. The court requires a "legal reason" for the divorce. In addition to legally ending your marriage, the court looks at other issues which need to be decided before the divorce becomes final such as child custody, child support, parenting time, alimony, and property division. In Massachusetts divorce proceedings are handled by The Massachusetts Probate and Family Court.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

There is no "legal separation" recognized in Massachusetts. It is legal to live apart from your spouse and you do not have to get court permission to live apart from your spouse. Massachusetts does have "separate support" cases. This means that a person may receive financial support from his/her spouse if they are separated. In Massachusetts, spouses can make Separation Agreements. A "Separation Agreement" is a written agreement signed by both spouses. If you complete a "Separation Agreement" without filing it with the court, it is simply a contract between you and your spouse. Without a court order, it may be difficult to enforce. We encourage our clients to file Separation Agreements with the court and ask the judge to make it an order you. This way, if at any point conflict arises, you can ask the Court to enforce the agreement.

To discuss a Separation Agreement further, please call 617-871-9662.

The main difference is that a judgment of divorce ends the marriage; a judgment of separate support does not end the marriage. Both can address issues of custody, parenting time, visitation, child support, or support for one of the spouses.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

The divorce process usually begins with hiring an attorney who will guide you through the process and help negotiate the best outcome for you with regards to things like support, child custody, property division, etc.

Once you have an attorney, the proceedings start with a “petition” or a “complaint” asking the court to terminate the marriage. The document must include:

A statement that at least one spouse meets the state's residency requirements for divorce: In general, states require at least one spouse to live in the state for three to 12 months and in the county where the petition is filed for a minimum of 10 days to six months.

The grounds for the divorce:

Most Massachusetts divorces are filed as no fault. Usually, the grounds for a no-fault divorce is an irretrievable breakdown of the marriage.

In a divorce that asserts fault to one spouse, the grounds include adultery, abandonment, impotence, infertility, criminal conviction, emotional or physical abuse, substance abuse, and mental illness.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Generally, the court answers two questions if the parties cannot agree:

1) How are all of the money and possessions accumulated during the marriage divided?

2) What happens to the children after the marriage.

Below is a more detailed list of issues that are resolved in a divorce judgment:

1) custody of children

2) support of children

3) parenting time or visitation with the children

4) division of assets (for example, pensions, bank accounts or stocks)

5) alimony (or support for the spouse)

6) division of personal property (who gets the car, furniture)

7) division of real property (what will happen to any real estate including the marital home)

8) who gets to live in the marital home

9) division of debts (for example, credit cards or electric bills)

10) taking back the name you had before you got married

11) possibly, an order for protection from abuse.

12) If these issues are not resolved by agreement of the parties, the judge decides the issues. You get a chance to present evidence that helps the court decide.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

There are fault and no-fault divorces grounds in Massachusetts. In Massachusetts most divorces are filed on no fault divorce grounds called an "Irretrievable Breakdown of Marriage." There are two kinds of "irretrievable breakdown" divorces. They are often referred to as "1A' and "1B", referring to the section of the law under which they are found, Massachusetts General Laws Chapter 208, sections 1A and1B.

1) 1A--Irretrievable Breakdown, both parties participate: By Agreement each party swears in an affidavit (a written statement made under oath that the marriage has irretrievably broken down), and files that affidavit with a Joint Petition for Divorce, and a notarized Separation Agreement.

2) 1B--Irretrievable Breakdown, only one party files: One spouse files a Complaint for Divorce claiming "Irretrievable Breakdown of Marriage." Whether or not the other party agrees, the plaintiff (the person filing for divorce) can have a hearing no sooner than six months after filing the Complaint. No affidavit or Separation Agreement is required.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

1) Cruel and abusive treatment: This is the most common fault ground for divorce. You need to show that something your spouse knowingly did or didn't do caused you harm or upset. Acts of physical abuse are cruel and abusive treatment. Sometimes certain forms of mental cruelty may be enough. You have to show it caused you physical harm, for example, your spouse’s drinking and staying out all night caused you headaches and stomach problems. How long it takes to complete a divorce varies with each case. (See question 23 for timeline information.)

2) Utter desertion continued for one year: Your spouse left the marital home voluntarily and without your forcing him to leave. He or she left, has no intention of returning home, and has not lived with you for at least one year before the date of your filing the complaint for divorce.

3) Adultery: This means sexual intercourse outside the marriage. You will have to prove that your spouse had sexual intercourse with someone else. This makes adultery a difficult ground for obtaining a divorce.

4) Impotency: This means inability to have sex. This ground for divorce is rarely used.

5) Gross and confirmed habits of intoxication caused by voluntary and excessive use of intoxicating liquor, opium, or other drugs: There must be a voluntary and excessive use of drugs or alcohol which has become a pattern.

6) Gross or wanton and cruel refusal or neglect to provide suitable support and maintenance for the other spouse: This means that your spouse has refused or neglected to provide support and maintenance for you. To use this ground, you will have to show that your spouse has the ability to pay support but has refused or neglected to do so. You will also have to show that the refusal or neglect will cause injury to your life, limb or health or create a danger of such injury.

7) Sentence of Confinement in a Penal Institution: This means your spouse has been sentenced for life, or for five years or more. This ground is based on length of sentence, not how much time he actually spent in prison.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

The Massachusetts Probate and Family Court has released a standing order that estimates the length of a contested divorce as 14 months. However, there are many factors that influence a divorce timeline, and the process can take anywhere from months to years to reach a conclusion depending on the number of contested issues.

So, in some instances, amicable couples can settle their divorce in six months but couples going through a contested divorce often take longer to reach an agreement. If they’re unable to reach agreement on a divorce settlement, they will have to go to trial to resolve and have the judge determine the final settlement terms.

If you are considering a divorce you should speak with an attorney before starting the process to discuss the timeline and make sure the process is handled properly. Hiring an attorney means having the protection needed when disagreements arise during the process and helps to ensure you get your fair share of parenting time, assets, support, etc.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

A divorce mediator is a neutral third party. The mediator does not represent either party. The mediator just facilitates the conversation around the issues that need to be resolved in the final divorce agreement such as custody, support payments, and division of assets. It is important to be aware that spouses in these situations make their own decisions without the legal guidance of someone who is looking out for their best interests. Even if you choose to use a mediator, it is best practice for each party to have an attorney review the final separation agreement and divorce settlement before signing it.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Custody can be agreed upon by the parties and, if approved by the court, made a part of the divorce judgment. If the parties cannot agree, the court will resolve the issue at the final hearing. Initially, upon filing, there will be a hearing for temporary orders to determine a parenting plan and child support. It is important to have an attorney present at this hearing to help maximize the parenting time you think is appropriate. The parenting plan established at the temporary orders hearing often becomes the final court order as well.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

There are essentially 2 types of custody in Massachusetts – legal and physical.

1) Sole legal custody — One parent has the right and responsibility to make major decisions about the child, including education, medical care, religion, and emotional development.

2) Shared legal custody — Both parents are involved in and responsible for major decisions about the child, including ones about education, medical care, and emotional, moral, and religious development.

3) Sole physical custody — A child lives with one parent and the other parent has reasonable parenting time, unless the court decides that parenting time wouldn't be in the child’s best interest.

4) Shared physical custody — A child has periods when they live with each parent, so they have frequent, regular contact with both parents.

Parents can make their own arrangements within these definitions and draft an agreement about custody and parenting time. The judge will review their agreement to decide if it's in the best interest of the child(ren).

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Physical custody only determines which parent a child will primarily reside with. Primary physical custody may be awarded to only one parent,. Joint physical custody essentially means that a child splits his or her time between his or her parent’s homes. Unless the parents get along extremely well and live in very close proximity to one another, it is typical that one parent will have primary physical custody, and the other will enjoy reasonable parenting time.

It is important to understand that physical custody does not determine a parent’s right to make decisions about the child’s life. Most people think of child custody as physical custody of a child, but physical custody is only half of the custody equation. Another important piece is who has legal custody of a child. Legal custody is what gives a parent the right to make key decisions about a child’s life such as what school they will attend, medical care decisions including child vaccinations. For example, legal custody is what enables a parent to request information from a child’s school and doctors. In the vast majority of cases, parents are awarded joint legal custody.

It is important to note that one parent being awarded sole legal custody is not the equivalent of terminating the non-custodial parents’ parental rights. A parent without legal custody can still be awarded parenting time with his or her child as a parent has a constitutional right to see their child.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

A parenting plan was once called a “visitation schedule” but has evolved over time to include much more. The goal of a parenting plan is to set clear guidelines on each parents’ rights and obligations, both for the current time period and future.

For example, if the child is very young, the parenting plan will outline when the child will be with each parent and also account for how parental time will change once the child begins to attend school. A good parenting plan should even include incorporating the child’s feedback/desired schedule once the child is old enough to contribute to that discussion.

Having a solid, well thought out parenting plan can avoid future disagreements and costly fees associated with returning to court to change the parenting schedule.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Nesting involves both parents continuing to maintain a family home. The children stay permanently in the family home, and the parents move in and out of the house as per the custody schedule. The benefits of nesting during separation or divorce, for both children and parents, are many. Some families continue to nest for months or years after the divorce is finished.

While having different homes can certainly be hard on the adults, there are benefits to nesting. It's easier to track your children’s items rather than having to remember homework, books, uniforms, toys, clothes, etc. every time they have to switch houses.

Nesting also benefits families who live in expensive areas. It is possible that neither you nor your ex-spouse will be able to maintain a household in an expensive area as a single-income family. In this case, choosing to nest can ensure that your children stay in the same neighborhood and the same quality school district.

Also, if you have children close to high school graduation, choosing to nest for the time period up to graduation can make the situation easier on everybody in the family.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Usually when one spouse threatens to take away the children if they get divorced, they have not spoken to a family attorney. Absent any abuse or unique circumstance, a family law judge will not prevent the parents from spending time with their children. While primary custody may be awarded to one parent, in the vast majority of cases a court order for custody will include a parenting schedule where the children have regular parenting time with both parents.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

In Massachusetts, both parents must consent to an out-of-state move or receive the approval of the court as part of a modification action. Generally a child of divorced parents who is a resident of Massachusetts shall not be removed from Massachusetts without the consent of both spouses.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

It is very rare for a child to have to appear in court regarding a divorce or custody arrangement. If there is a question about the child’s welfare, the court may assign a Guardian Ad Litem. This can be requested by either side or the Family Court may appoint one. This decision is made on a case-by-case basis based on the issues in the case.

The role of a Guardian Ad Litem, often referred to as a GAL, is an individual appointed by a court in cases involving minor children or incapacitated adults. Their job is to act in that person's best interest while objectively investigating, evaluating and recommending judgment in the case. In a sense, they are an investigator for the court. For example, in high-conflict child custody cases where parents can’t agree on a parenting plan, the GAL will evaluate the situation as a third party and make recommendations to the court on what would be the best scenario for the child. The GAL can be an attorney or a social worker. In cases where one or both parents cannot provide safe and effective guidance for a child, the GAL may be an evaluator like a social worker or someone with a background in mental health. In probate cases, the GAL may research and review finances on behalf of a minor or incapacitated adult. Duties of a GAL include speaking with and advising the child; interviewing the potential guardian(s); speaking with the potential guardian’s legal representation; and reporting findings to the Court.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

In cases where it is likely that one parent is a risk for harm to the minor child, a judge can order supervised visitation. This may mean supervision by a family member, a supervision agency, or law enforcement. It is highly unlikely that a judge would order no visitation unless parental rights have been terminated. If you have concerns, your divorce attorney can help with this request.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Sometimes, at the beginning of a divorce case, you can ask the court to order your spouse to help pay for your attorney. At the end of a case, the court can require your spouse to pay your attorney's fees so long as the judge finds that your spouse can afford it. Attorneys can also be paid out of the settlement of assets such as sale of the family home, etc. At Oreste Law, our initial consultation is always free, and we will work with every client to find a plan for legal expenses.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Generally, all primary physical custodians will receive support in some form under the divorce judgment. The amount of child support owed from one parent is determined by which parent the child primarily resides with and the gross weekly income of each parent. These factors are plugged into of the Massachusetts Child Support guidelines which provides a formula to calculate a specific weekly amount to be paid from one parent to another. The attorneys will negotiate ancillary considerations because parents can mutually agree to a child support amount that is more or less than the amount recommended by the guidelines.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

In Massachusetts, all parents are responsible for financially supporting their children. The obligation to provide financial support for your child exists whether or not you have physical or legal custody, and even remains when your right to spend time with or have contact with your child has been suspended. Unless your parental rights are terminated, you are obligated to financially support your child.

The amount of child support owed from one parent is determined by which parent the child primarily resides with and the gross weekly income of each parent. These factors are plugged into of the Massachusetts Child Support guidelines which provides a formula to calculate a specific weekly amount to be paid from one parent to another. The attorneys will negotiate ancillary considerations because parents can mutually agree to a child support amount that is more or less than the amount recommended by the guidelines.

Child support is intended to cover basic financial needs, like housing, food, and clothing for your child. Other expenses, like health insurance, other medical/dental costs like braces, mental health, vision expenses, sports, childcare, and educational expenses are not typically covered by a child support payment.

While a basic formula is used, your attorney can help to negotiate the best financial support scenario considering many (often hundreds) of factors.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Yes, in Massachusetts child support can be modified if there is a change in circumstance, from the time the most recent child support order was entered. It can be increased or decreased, at the request of either spouse, and often happens when job loss or change occurs. The best way to modify is to have your attorney bring a Child Support Modification action in The Massachusetts Probate and Family Court.

If you have additional questions about the child support please call us at 617-871-9662.

Many factors can affect a court’s decision about the family home. If keeping your home is a priority, your divorce lawyer will work through the settlement negotiations with that in mind.

In general, both primary residences and any vacation homes are likely to be treated as marital property subject to division in divorce. The initial presumption is that you divide the home’s equity according to Massachusetts divorce laws where each spouse is entitled to a roughly equal share but there are factors that can change the percentage including:

• How much each partner contributed to the purchase and maintenance;

• When the home was purchased;

• The amount of time the couple lived there together;

• The age and health of each spouse;

• The occupation and incomes of each spouse;

• Whether a couple has children with connections to the home and surrounding area.

• Present and future needs of children for housing.

That said, if you acquired the home prior to the marriage, you might be entitled to a greater share of the equity, and it is even possible the home could be treated as your separate property. However, if you’ve shared the home for a significant amount of time, it will probably still be treated as marital property to be split.

If you want to continue to live in the family home, your divorce lawyer can work to negotiate an arrangement that would be approved by the court as part of an overall equitable division of property. Likely, if you decide to keep the property, you may concede other assets to acquire your ex’s share of the equity in the home. Then a refinance will move the property to your name.

It is very important to have a lawyer who understands how to negotiate the many factors that go into the division of assets to make sure you get the best outcome financially. And, if both you and your ex want to keep the property, your lawyer could prepare persuasive arguments to show the court why you should get to keep the house.

Overall, the issue of dividing assets in divorce can be extremely complex and challenging, and next to custody, this is the area where it is most important to have a lawyer who is working on the settlement discussion with your best interests.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

In dividing marital assets during the divorce process, “potential” and “future” assets are considered. It can be a struggle for courts to determine whether a potential asset is merely “unvested”, in which case it might still be divided in a divorce, or is an “expectancy interest”, which cannot be divided by a court in a divorce.

A classic example of an unvested asset that can be divided in a divorce is a pension. A pension is unvested because one can’t collect it until a later date at retirement age. Even if a pension is not paying benefits at the time of a divorce, the benefit can still be divided as an asset – even if the employee spouse has not worked long enough for the pension rights to become “vested”. Massachusetts courts will divide unvested pension interests – even if the employee spouse still hasn’t worked long enough to guarantee he or she will receive benefits – because the value of a pension is based on objective criteria that is fairly easy to quantify.

In contrast, an “expectancy interest” is a spouse’s potential inheritance of family wealth. Courts will not divide expectancy interests, in large part, because such interests often cannot be quantified. An individual’s interest under a will can be changed or eliminated at any time, as long the person making the will remains alive. A living person can alter their will – or go bankrupt before they die. The point is, a living person’s will can change any time, as can their assets. For this reason, whatever “right” an individual has to assets under a living person’s will is treated as an “expectancy interest”, which is too imprecise and speculative for a court to divide in a divorce. An inheritance was the Appeals Court case, Frasca v. Frasca (2018), which resulted in the reversal of a Probate and Family Court judgment that sought to divide a husband’s interest in a potential inheritance.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Alimony is financial support paid by one spouse to the other. In Massachusetts Alimony is guided by statute and is meant to provide spousal support to a spouse that has a need for support as long as the payer spouse has an ability to pay.

Alimony in Massachusetts can be affected by, but distinct from, child support. Child support is intended to provide for the needs of minor/dependent children of a marriage post-divorce. It is important to note the spouse receiving alimony must pay income taxes as if alimony were earned income. The payer of alimony can deduct the alimony payment from his/her gross taxable income.

In Massachusetts, there are three types of alimony, each one with its own requirements and guidelines:

1. Transitional alimony can last up to three years and it ends:

a. on a certain date included in the order (and it cannot be extended);

b. upon the remarriage of the person who is getting alimony; or

c. upon the death of either spouse;1

2. Rehabilitative alimony can last up to five years and it ends:

a. when a specific event takes place (and it can be extended under certain circumstances);

b. upon the remarriage of the person getting alimony; or

c. upon the death of either spouse);2

3. General term alimony can last for different amounts of time, depending on the length of the marriage. General alimony ends upon the remarriage of the recipient or the death of either spouse. It can be suspended, reduced, or ended (terminated) if the spouse who gets alimony begins living with an intimate partner (cohabiting with someone else) for more than three months.3

In determining alimony the Court will consider:

1. Length of the marriage;

2. Age of the parties;

3. Health of the parties;

4. Income, employment, and employability of both parties, (including employability through additional training, if necessary);

5. Economic and non-economic contribution of both parties to the marriage;

6. Marital lifestyle;

7. Ability of each party to keep (maintain) the marital lifestyle;

8. Any lost economic opportunity as a result of the marriage; and

9. such other factors as the judge considers to be relevant and important (material).4

As part of, or in addition to, any alimony that the judge orders, the judge can also give to either spouse all or any part of the other spouse’s estate, which could include things such as property, retirement benefits, a pension, and insurance. Also, if alimony is ordered in your favor, the judge will consider whether your spouse has health insurance or health coverage through an employer or organization that could cover you. If your spouse does, the judge can order your spouse to do one of the following:

• use the option of additional coverage to cover you;

• get coverage for you; or

• reimburse you for the cost of health insurance.5

Your alimony will not decrease as a result of your spouse covering your health insurance.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Alimony in Massachusetts can be modified if there is a change in circumstance from the circumstances at the time the alimony order was originally entered, and as long as the parties did not enter a binding contract that prevents any modification. The best way to modify your alimony amount is to have your attorney can bring a Motion for Modification with The Massachusetts Probate and Family Court so that the final decision is binding and can be enforced if the other party refuses to pay the new amount.

If you have more questions about alimony, please call us at 617-871-9662.

Yes, Pension and 401ks are considered marital assets (the amount saved and interest earned during the tenure of the marriage). Even if a pension is not paying benefits at the time of a divorce, the benefit can still be divided as an asset – even if the employee spouse has not worked long enough for the pension rights to become “vested”. Massachusetts courts will divide unvested pension interests – even if the employee spouse still hasn’t worked long enough to guarantee he or she will receive benefits – because the value of a pension is based on objective criteria that is fairly easy to quantify.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Typically if a couple decides to “share” an attorney, that attorney cannot offer legal advice for the benefit of one spouse, to the detriment of the other. In this case, the attorney would act more like a mediator. In other words, the attorney could facilitate the divorce and create a separation agreement to finalize the divorce. It is still recommended that each party have their own attorney review the agreement with his/her best interests in mind.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Judges try to prevent one-sided divorce proceedings. This means you can't go behind your spouse's back to get a secret divorce. You must give your spouse notice of any divorce paperwork that you've filed with the court (as discussed below), so that your spouse at least has a chance to respond.

Some spouses show their anger—by avoiding or refusing to sign divorce papers. While those maneuvers might complicate the process, they won't necessarily stop the divorce. Ultimately, if one side will not sign an agreement, a Family Court judge will make a judgment for divorce.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

At Oreste Law, you can always call or email your attorney with questions. We make a point to respond to all clients within 24 hours.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

It depends on what you usually post on social media. Your attorney will advise you as to what subject matters to stay away from during your divorce. It is always recommended that you do not post about your on-going divorce, family issues, mental health issues or negative content about your children, spouse and/or family.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Yes. Unreported income is considered in child support and alimony. Your divorce attorney should be capable of discovering this income and reporting it to the family court if necessary.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Minor children do not usually get to choose who the primary parent is. The Family Court operates under the presumption that time with both parents is in the best interests of the children. Your divorce attorney will use the specific facts of your case and your family situation to advise you of the likelihood of becoming the primary parent and, if necessary, advocate to the family court on your behalf.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

It depends on the support formula and whether your spouse has the ability to pay.

If you have questions about support or requesting a support modification, please call us at 617-871-9662.

If you are in a situation where you are being abused by your spouse or are in fear of being hurt or injured by your spouse, you should call the police and seek help immediately. Your safety is of utmost importance. Your attorney can then seek a restraining order to keep an abusive spouse away from you and the children, if necessary.

If you would like to discuss your specific situation, please call us at 617-871-9662.

Alcohol and drug abuse are issues the family court take very seriously in a divorce. It can greatly affect custody and parenting time if a parent’s alcohol or drug problem puts the children’s health or well-being at risk.

If you would like to discuss your specific situation, please call us at 617-871-9662.

Just like the Child Support Guidelines, Alimony is calculated by a formula created by the state. In a marriage of short duration (less than five years) with no children and a non-working spouse, alimony for any extended length of time is unusual. Typically, short-term “rehabilitative” alimony (six months to three years, depending on the age and employability of the nonemployed spouse) is considered appropriate in order to give the nonworking spouse time to retrain and seek employment. In a short-term marriage with no children, if both parties are employed, even at very different income levels, alimony or maintenance is seldom awarded.

In a long-term marriage (longer than 18 years), even if all the children are emancipated, if one spouse has spent the entirety of the marriage as a homemaker, most courts and attorneys will agree that absent some compelling circumstances, the homemaker spouse will be entitled to general term alimony and support (that is, until death or remarriage), based on the reality that 20–25 years away from the job market preclude the vast majority of homemakers from obtaining any kind of paid meaningful employment. The rule of thumb in this situation is an alimony award of 20 to 30 percent of the wage-earning spouse’s gross income.

While support figures can be determined in a variety of ways and the parties and attorneys can try to exercise some creativity in devising solutions, the hard reality is that in most middle-income families, divorce is an economically difficult situation and that neither party is able to maintain the same standard of living that the couple enjoyed prior to the separation.

If you have more questions about support or would like to discuss your specific situation, please call us at 617-871-9662.

In low- to middle-income ranges (incomes of $75,000 and lower), a probate court is unlikely to add an alimony component to the child support figure. With higher levels of income, there can be a combination order of child support and alimony, often approximately 36 to 40 percent of the noncustodial parent’s gross income.

If you are thinking about divorce or have questions about the process, please call us at 617-871-9662.

Many people assume that because their 401k, SEP, IRA or pension plan is only in their name and tied to their job, that it is outside of the divorce. This is incorrect. Even though spouses have separate retirement accounts in their own names (or one spouse has all of the retirement in their name only) – all retirement assets are considered to be part of the marital assets when divorcing. Retirement is a marital asset and therefore, may be divided.

Qualified Domestic Relations Orders (QDROs) are used when dividing retirement accounts in a Massachusetts divorce. It is used to ensure compliance with the Employee Retirement Income Security Act (ERISA). A QDRO is a legal document that establishes one spouse’s right to receive a portion of the other spouse’s retirement benefits. The percentage of this division is negotiable. Attorneys play a crucial role in drafting and negotiating QDROs to protect their clients' interests and ensure fair and accurate division of retirement assets.

Retirement accounts, such as 401(k)s, IRAs, and pension plans, are often among the most valuable assets accumulated during a marriage and are subject to equitable distribution, which means they are divided in the divorce.

While dividing retirement assets is standard during most divorces, the percentage of this division is negotiable.

The length of the marriage, the amounts of contributions by each spouse, and interest earned on accounts are a few of the factors considered when dividing the retirement money. Additionally, what happens to other assets, such as the family home, may impact what portion of the retirement assets one spouse receives. For example, some couples negotiate that one spouse gets the home in exchange for foregoing or receiving a lesser division in the retirement assets.

Taking pre-divorce financial steps safeguards your interests for a smoother transition. Here are a few good steps to take:

1. Take Inventory: Assess finances—income, expenses, assets, debts. Investigate if uninformed.

2. Get Organized: Gather financial documents—copy all bank, tax, investment statements.

3. Protect Your Credit: Obtain credit report, close joint accounts, freeze joint credit.

4. Establish Individual Credit: Having a credit card in your own name is important for your financial independence post-divorce.

5. Pause Major Commitments: Avoid significant financial decisions like property purchase or enrolling kids in private school.

6. Monitor Spending: Track expenses to understand financial needs and ensure your spouse does not spend or move joint funds.

7. Draft a Budget: Create a budget considering asset division, support payments, and two households' expenses.