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Lynn Divorce Law Blog

So you are engaged? Include a prenup on your wedding day checklist

It has been nearly one week since Valentine's Day of 2012 and nearly one week since an estimated four million people got down on one knee and heard their loved one say "yes." Now that the initial flurry of excitement has faded, brides and grooms in Massachusetts and across the nation are creating their wedding checklists.

Adding a prenuptial agreement should be one item that the newly engaged should consider adding to their checklist as a way to define marital and separate property in the event that the marriage comes to an end -- as all do whether through divorce or the death of a spouse.

How to handle insurance during a divorce

Just as it is throughout the rest of the United States, high-asset divorces in Massachusetts force parting couples to account for any and all assets that have value so they can be dealt with accordingly during the property division phase. Paying close attention to insurance policies in these situations is vital, as making missteps in this aspect of a divorce could lead an individual to lose a fortune.

Let's start with life insurance. You will want to change the beneficiary -- if you so desire -- after a divorce or re-marriage. The reason is that if an individual divorces, but never removed their ex-spouse as the beneficiary on a life insurance policy, that ex-spouse would acquire all policy funds following that person's death. This can be particularly troublesome if the deceased ex-spouse remarried after the divorce. That being said, it is important to remember to change the beneficiary to specify who you want to receive your fortune not only for life insurance policies, but also all estate planning documents.

Ruling clears up child custody issues with same-sex couples

A recent legal ruling in Massachusetts could have a dramatic effect on same-sex couples in the state with children -- particularly when it comes with sorting out child custody arrangements for same-sex couples that are divorcing.

The Massachusetts Appeals Court ruled that when a same-sex couple has a child via artificial insemination, they are treated under law just as a heterosexual couple that naturally birthed a child together. Thus, when a same-sex couple decides to divorce, they are subject to the same child custody laws that any other heterosexual couple faces.

Helpful ways to bring up a prenup

If you have consulted with a competent family law attorney, or are even a regular reader to this blog, you already know that prenuptial agreements are the most effective way of protecting assets during a divorce. A prenuptial agreement states what assets belong to an individual and what is considered marital property. Under such agreement, an individual will not lose any of the wealth he or she enters a marriage with.

Despite its effectiveness, many couples in Massachusetts and elsewhere shy away from prenuptial agreements because of the negative stigma that can sometimes come with. Some people might assume if their prospective husband or wife wants a prenuptial agreement, he or she does not have faith the marriage will last. This is not always true.

Same-sex couples opening hearts and homes to adopted children

Generally many conservative thinkers will suggest that same-sex couples in Massachusetts and elsewhere in the United States lack the necessary parenting skills to raise children. The main crux for this argument is that they cannot offer both the traditional mother and father roles because they are of the same gender.

Proponents for same-sex marriage and adoption pleaded a convincing case that suggests otherwise, some even going as far to say that same-sex parents are better than traditional parents.

Former Brockton officer jailed for neglecting alimony payments

A man, formerly a police officer in Brockton, Massachusetts, is behind bars for failing to pay alimony due to his ex-wife.

The man worked as the head of security at the county jail at the same time he served as lieutenant with the police force in Brockton. He has retired from both of his positions in January 2004.

Financial steps to take when heading into divorce

When a married couple decides to call it quits, even with the best of intentions, stress can still rear its ugly head. Even if the decision to divorce is mutual, when it comes time to make decisions about, custody, dividing assets or discussions of money in general, emotions tend to escalate -- creating animosity toward the other spouse.

While there are no shortages of suggestions in the "what to do" or "not to do" lists, spouses can save themselves frustration by taking the right steps to protect their money, property and other assets. By adequately protecting assets, a spouse can be left with one less question mark heading into the divorce process.

Mel Gibson divorce highlights other celebrity fortunes lost

Many times, we find ourselves mimicking the daily habits of celebrities in hopes that we can possibly duplicate their success. While this might be a constructive practice in the worlds of acting, music or other arts, when it comes to protecting assets during a high-stakes divorce, it would probably be wise to do the exact opposite of many high-profile celebrities.

Famed actor Mel Gibson, who was married for 29 years, finalized the divorce with his wife just before Christmas. The couple got married before the prime of Gibson's career. In fact, he did not have a lot of money at all when they wed, so they found no need for a prenuptial agreement. Even if there was a prenuptial agreement in place, it likely would not have been valid given the time the couple was married.

No prenup puts Kobe Bryant's fortune at risk

Yet another celebrity divorce has made the headlines in Massachusetts and elsewhere throughout the nation. The news has underscored what can happen when spouses do not implement a prenuptial agreement into their marriage. It has also illustrates the intricate nature of high-asset divorce and property division.

Los Angeles Lakers basketball player Kobe Bryant and his soon-to-be ex-wife Vanessa Bryant are the most recent couple to experience this situation. Vanessa Bryant is in line for a huge amount of money and assets as the couple is worth $150 million. Vanessa Bryant's mother confirmed to media that there was no prenuptial agreement in place. She also said that the couple discussed having one in 2005, but eventually ruled against it when their months of negotiating did not result in an agreement.

Like it or not, a prenup protects a medical practice best

In previous weeks, we have discussed the effect that a divorce can have on a family business. With different types of businesses come different methods you can employ to protect that entity. For doctors who own their own practices, there are creative ways that you can structure corporate documents to ease the sting of divorce on your practice.

While a prenuptial agreement essentially makes a business immune from the disputes that often come with property division, some spouses choose to avoid that route because of the sometimes-negative stigma it can bring to a marriage. To protect a medical practice, you can set in place things like a buy-sell agreement among shareholders or corporate insurance policies if a forced buy-out occurs. Postnuptial agreements, which would see your ex-spouse give up his or her stake in the practice, is also an effective route, and does not have the stigma of an unhealthy marriage attached.

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