Law Offices of Lisa A. Ruggieri, P.C.Wellesley Divorce Lawyer | Family Law firm of Lisa A. Ruggieri2023-10-06T15:32:16Zhttps://www.lisaruggieri.com/feed/atom/WordPress/wp-content/uploads/sites/1400192/2020/06/apple-touch-icon-75x75.pngOn Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=494052023-10-06T15:32:16Z2023-10-06T14:34:38ZLength of marriage
The duration of alimony payments often depends on the length of the marriage. In general, the longer the marriage, the more likely it is that the court will award alimony for a longer period of time. This is because longer marriages usually involve a greater level of financial interdependence between the spouses.
The Commonwealth of Massachusetts states that for those married less than five years, the court could order alimony payments for 50% of the total number of months a marriage lasts. However, this increases to 80% for marriages that last between 15 and 20 years.
Remarriage and court determination
Alimony usually ends if the recipient spouse remarries or starts living with a new partner. This is because the financial support provided by a new spouse or partner might eliminate the need for alimony. Also, courts sometimes modify alimony payments if there is a significant change in the financial circumstances of either spouse.
The judge considers various factors when determining the duration of alimony payments, such as the financial needs of the recipient spouse, the ability of the paying spouse to provide support and the standard of living established during the marriage. Based on these factors, the court decides on a specific duration when issuing an alimony order.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=494022023-09-28T09:33:08Z2023-10-03T09:32:52ZResist the urge to share online
It’s become very common to share all kinds of personal experiences online, and it can be really tempting to vent on social media when you’re frustrated with your spouse or the divorce proceedings – but that’s exactly what you want to avoid if you’re interested in keeping your reputation and privacy intact. Divorce proceedings inherently involve sensitive information. Broadcasting these details on social media can compromise your privacy and even harm your legal standing. (Remember that your social media posts can be used as evidence in court.) Plus, emotional, angry posts can influence how friends, family members and colleagues view you.
Keep calm and be positive in public
During a divorce, it's important to maintain a consistent and positive public image. This involves being mindful of your behavior and interactions in your social and professional circles. Maintain your professionalism at work and in social situations. Avoid discussing the details of your divorce or venting frustrations to colleagues, friends or acquaintances. A professional demeanor can help you retain the respect of coworkers and friends, and maintaining respect for your spouse in public reflects well on your character. By side-stepping all the unnecessary drama, you make it harder for the rumor mill to get going.
Consider a private judge
Opting for a private judge can be a game-changer when it comes to minimizing the public attention on your divorce and any reputational harm that might result. Private judges offer a high degree of confidentiality. Unlike public courtrooms, where proceedings are typically open to the public and the media, private divorce hearings are conducted in a much more discreet manner. Private judges can also expedite the divorce process, helping you reach a settlement more swiftly. The longer a divorce drags on, the greater the potential for reputation-damaging disputes and legal battles.
If a divorce is on the horizon but you’re worried about what it could mean for your reputation, it may be time to discuss all your options by seeking legal guidance.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=493992023-09-14T13:29:04Z2023-09-18T04:23:07Zhigh-asset divorce, depending on the circumstances surrounding the couple and their income and assets. Many types of professionals have their own practices such as:
Dentists
Doctors
Veterinarians
Therapists, counselors, psychiatrists and psychologists
Attorneys
Real estate agents
Engineers
Advertising professionals
Designers
CPAs
How will this asset be divided?
Under Massachusetts law, marital assets are divided by a process called equitable distribution. This means that the marital assets will be divided fairly, which may not be an exact 50-50 division.
The practice may be divided between the spouses or it may be given to the licensed professional while their spouse receives other marital assets that will make it an equitable division for both people. If the spouses run the practice together, they may want to continue to stay at the practice and operate it jointly. If that is not possible, however, one person can buy out the other’s share.
Did one spouse support the other during school and the early years of the practice?
It is not unusual for one spouse to support the person who is going to school to get their professional license. If they start the practice from the ground up, the supporting spouse may continue to work to provide for the family while the practice grows. In these cases, the spouse who supported the licensed professional for years may have the right to a share of the practice. The ultimate decision, however, will depend on the specific details of each divorce.
People who can help in these unique divorces
In addition to attorneys, these cases often include assistance from business valuators and financial experts to accurately calculate the practice’s value and weigh that with the income and assets of each spouse to reach an equitable distribution of assets. Though it sounds like an enormous undertaking, it can be done and the couple can move on with their new lives.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=493942023-08-25T20:10:01Z2023-08-27T13:13:49ZFiling status changes
One of divorce's most immediate tax consequences is a change in your filing status. As a married person, you likely filed jointly. However, after divorce, your filing status will typically switch to either "Single" or "Head of Household," depending on your circumstances. Choosing the right one is important because your filing status impacts your tax rates, deductions and credits.
Alimony
Payments for alimony are no longer tax-deductible for the paying spouse and are not part of the gross income for the receiving spouse.
Property division and capital gains
Dividing property during divorce may lead to capital gains tax implications. The transfer of assets between spouses as part of the divorce settlement is generally tax-free. However, when you eventually sell these assets, you might face capital gains taxes based on the value when you acquired them and their current value. Understanding the tax basis of these assets is necessary for managing potential tax liabilities down the road.
Dependency exemptions and child tax credits
Divorce impacts the eligibility for claiming dependency exemptions and child-related tax credits. Generally, the custodial parent claims the child as a dependent, allowing them to benefit from child-related tax breaks like the Child Tax Credit. However, parents may also agree to alternate claiming of the child as a dependent.
Retirement accounts and qualified domestic relations orders
If the court divides retirement accounts during divorce, a Qualified Domestic Relations Order may be necessary. This legal document outlines how to split retirement benefits between the spouses. Follow the QDRO guidelines to avoid early withdrawal penalties and taxes on the transferred funds.
Divorce has far-reaching financial implications that extend to your tax situation. Consulting a financial advisor or tax professional provides valuable insights tailored to your situation and helps ensure your financial stability.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=493922023-08-25T20:00:23Z2023-08-25T06:46:28Z1A divorce explained
In a 1A divorce, both partners must agree on fundamental aspects of the divorce, such as property division, child custody and financial arrangements. This mutual agreement can help expedite the proceedings and minimize conflicts. The main advantage of a 1A divorce is that it typically requires less time and resources compared to a contested divorce.
How the process works
The process of a 1A divorce starts with one spouse, known as the plaintiff, filing a joint petition for divorce with the court. This petition outlines the couple's agreement on key issues. Note that a 1A divorce is only suitable if both spouses are on the same page regarding major decisions.
After filing the joint petition, the court will schedule a hearing where both spouses need to appear. The judge will assess whether the agreement is reasonable and in the best interests of any children involved.
Once the judge approves the agreement, he or she will grant a divorce nisi. This is a conditional divorce that becomes final after a waiting period of 90 days, but you cannot remarry for 120 days. During this time, either spouse can raise objections if they believe the agreement is no longer fair or includes misrepresentations.
To ensure the 1A divorce process goes smoothly, couples should communicate openly and honestly about their expectations and desires. It is also important to ensure all paperwork is in order before filing the petition.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=493722023-07-25T15:42:35Z2023-07-25T14:43:08ZGrey divorce
Grey divorce refers to the dissolution of marriages involving couples usually in their 50s or older who are often married for several decades. The color grey is symbolic of the later years of life, hence the term. While the overall divorce rate has decreased, the rate of grey divorce has seen a significant increase over the years. It is a trend noticed not only in the United States but also globally as.
The reasons behind grey divorces
Many factors contribute to the rising incidence of grey divorces, including the following:
Empty nest syndrome. Once children leave home, couples often find they no longer share common interests, leading to feelings of disconnection. The lack of a common focus can expose marital problems ignored or sidelined while raising children.
Changing societal norms. Divorce has become more socially acceptable and the stigma associated with it has lessened over time. This acceptance, combined with more financial independence, especially among women, has made it easier for older couples to contemplate divorce.
Retirement. The shift from a daily work routine to spending considerable time together in retirement can put a strain on the relationship. This drastic change in lifestyle can lead to conflicts and dissatisfaction.
Another reason behind grey divorce is the increased life expectancy. People are living longer, healthier lives, which may lead to a reevaluation of their long-term happiness and fulfillment.
Grey divorce is becoming increasingly common due to a variety of factors. Understanding the reasons behind a grey divorce can help society better support those going through it and mitigate its potential negative effects.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=493702023-07-10T16:40:50Z2023-07-10T12:39:40Z1. Blame
The couple starts to blame each other for things that may or may not be their fault. You might feel:
Negative self-worth
Dissatisfaction
Guilt
Depression
Distance
There are consequences to these feelings, which can cause a further breakdown of your relationship.
2. Mourning
You will mourn the loss of your relationship and intimacy. It is not unlike the grieving process, but instead of greaving for a person, you are grieving over your relationship.
3. Anger
You will get angry towards your spouse or possibly all members of the opposite sex. Behind the anger, there is usually fear and uncertainty. You may resent your partner, and it becomes an emotional rollercoaster.
4. Decision to divorce
This stage is where the decision to divorce generally comes in. Once the anger starts to dissipate, you start to feel a sense of freedom. You create an emotional distance and possibly try new things.
5. Beginning again
In this stage, you begin to get your life together and begin anew after the divorce. You are getting used to being on your own, and the idea that you will be alright becomes a reality.
The steps leading to divorce are generally turbulent and emotional. Although it may not be pleasant, you will get through it with emotional support.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=493682023-06-16T15:41:30Z2023-06-16T14:41:33ZThe impact on the children
Children are perceptive. They often pick up on tension and conflicts even when parents believe they are hiding it. Growing up in a home full of unhappiness, arguments and negativity can adversely affect a child's mental and emotional well-being. It could create a harmful environment for their growth and development.
Modeling unhealthy relationships
Parents play a significant role in shaping a child's understanding of relationships. Staying in a bad marriage might give children the wrong idea about what constitutes a healthy relationship. They might grow up thinking that unhappiness, conflict and dissatisfaction are normal in a relationship.
Stress and emotional well-being
An unhappy marriage creates a stressful environment for everyone involved. Stress can lead to a variety of physical and emotional health issues, not just for the parents but also for the children. It is crucial to prioritize emotional well-being over maintaining an unhappy marriage.
Potential for a happier future
Ending a bad marriage does not mean the end of a family. It may lead to happier, healthier relationships in the future. Children can adapt to new situations and may find they prefer the peace and happiness that comes from living in two separate but contented homes.
The importance of personal happiness
It is also important to remember that personal happiness matters. Parents who are unhappy in their marriages can become better, happier and more engaged parents when they are no longer consumed by an unhappy marriage.
While the decision to end a marriage takes careful consideration, it is equally important to evaluate the potential consequences of staying in a bad marriage for the children. Ultimately, a happy parent can make for a happier child, and teaching children about healthy relationships can set them up for better relationships in their future.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=493652023-06-09T18:26:00Z2023-06-09T05:26:46ZEquitable division in Massachusetts
Massachusetts follows the equitable division principle when dividing assets in a divorce. This means the court divides the marital property in a manner that it deems fair, but not necessarily equal. It takes into account various factors such as each spouse's income, the length of the marriage, the conduct of the parties during the marriage and the needs of each spouse.
Types of property considered
In Massachusetts, all property, regardless of when or how acquired, falls under consideration for division. This includes both marital property (acquired during the marriage) and separate property (acquired before the marriage or through inheritance or gift). Even assets that one party brought into the marriage can end up divided between both spouses.
Role of the court
The court has broad discretion in dividing assets. It considers several factors like the parties' ages, health, occupation, amount and sources of income, vocational skills, employability, estate and needs of each party. It also takes into account the opportunity of each for future acquisition of capital assets and income.
It is vital to understand that while the law aims for a fair division, it does not always mean an equal split. As a result, the outcome of asset division in a Massachusetts divorce can vary greatly depending on each individual's circumstances. Knowledge of these elements can assist in navigating the process and reaching a fair and equitable resolution.]]>On Behalf of Law Offices of Lisa A. Ruggieri, P.C.https://www.lisaruggieri.com/?p=493622023-05-24T16:00:03Z2023-05-24T15:02:15ZEmpty nest discoveries
One challenge of the empty nest is suddenly finding yourself alone with your spouse with no children demanding your time. This sudden shift in the household dynamic often reveals fractures in the relationship that were not apparent previously. Without children in the house as a focal point, you might find that your marriage became more about the kids than yourselves and it is time to go your separate ways.
Differing perspectives on intimacy
Intimacy issues contribute to many gray divorces. As you age, hormone levels change and the desire for intimacy often declines. This change often happens at different rates for couples, leaving one spouse struggling to have their needs met while the other may feel pressured. This creates strain in the relationship and may lead to divorce.
Infidelity
Most people consider infidelity as a leading cause of divorce between younger married couples, but it is very common in gray divorce as well. Infidelity happens for many reasons with older couples, including empowerment, physical fulfillment and even self-esteem issues.
Understanding some common causes of gray divorce makes it easier to assess your situation and decide if divorce is the right path for you. With life expectancies increasing, there is no better time to embrace the future that makes you happy.]]>