Massachusetts Divorce Law Monitor : Massachusetts Divorce Lawyer & Attorney : Nancy Van Tine : Burns & Levinson Law Firm : MA Divorce & Family Law : Massachusetts Divorce Law Monitor

Hi there,

If you read this blog I am sure you already guessed that I was thrilled to hear that the Federal Court has found California's Prop 8 (the vote that overturned gay marriage in California) unconstitutional. There is still a long, long way to go, but this is a terrific decision in my book.

A question that often comes up in divorces is what happens to the engagement ring.  Once you are married it clearly is a gift that belongs to the spouse who wore it. However if it was a family piece it can sometimes go back to the giftor.  It's value is included in the division of assets.  David Clement, who writes the terrific New York Divorce Blog, had a recent post on this. Jewelry is generally worth only about a third of the purchase price so that can be a shock.  Often someone will need to sell the ring for legal fees, or simply because the memories are bad.  A colleague just sent me a link to what looks like a terrific site if you wish to sell.

Best,

Nancy

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Hi There,

Happy New Year!  Tax season for 2009 has now begun. Here are 5 simple tax tips about divorce:

1.  Child support is not taxable to the recipient, or to put it more bluntly, she who pays her ex child support also pays the taxes on it.

2.  Alimony is taxable to the recipient, so he who pays child support as alimony or as unallocated support, is saving the taxes; or alternatively, transferring responsibility for them to his ex.

3.  Unless you are in a single-sex marriage, all property transfers between you and your ex as part of your divorce are tax free.  I wrote about this previously here.

4.  If you and your soon-to-be-ex are dividing pensions on divorce (again only if you were not in a single-sex marriage), then there is a way to transfer pensions without any tax consequences.  It is called a qualified domestic relations order or QDRO, and there is a whole niche of the bar who do nothing else.

5. Finally, the IRS has five tips for recently married or divorced taxpayers.

Best,

Nancy

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Hi there!

It really doesn't seem possible that Thanksgiving is this week (what I am really saying is I am having 27 folks for dinner and I am so not ready)!

This week's miscellany includes a really useful tool for parents, divorced and not, to handle scheduling through the Internet.  I have long been in favor of divorced parents communicating via email.  In fact, we have been known to train clients in how to keep the conversation civil.  This service, as lawyer/blogger Michelle O'Neil points out in the excellent Dallas Divorce Law Blog, has even been utilized as a tool by the courts.

It seems the news is still full of stories about the rise in personal bankruptcies and foreclosures.  I know the tough economy has to be even tougher for folks trying to make the income that once covered one household stretch to two.  Here is a good article on some financial mistakes that may lead to bankruptcy, courtesy of the Los Angeles Bankruptcy Law Monitor.

Yet another jurisdiction is considering the gay marriage issue.

Divorce is one of the most stressful life experiences there is.  It is so stressful that I routinely suggest that all clients get a counselor/therapist to help them understand the emotional roller coaster they are on.  Apparently, in Canada that individual is called a divorce coach, which seems extremely civilized (although I wonder how it is paid for, is it covered by the Canadian health insurance?).  In any case, there is an excellent and useful article on this by the ever articulate Brian Galbraith in his Ontario Family Law Blog.

And finally, I know this is possibly a bit politically incorrect, but it is funny.

Have a Happy Thanksgiving!

Best,

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