Think that dividing assets in divorce is easy and anyone can do it?  Think again.  You may be risking thousands or tens of thousands of dollars if you forget to dot the “i’s” and cross the  “t’s”.  A recent Boston Globe article highlighted the Court case of former Patriots running back Mosi Tatupu. His case underscores the importance of careful and timely drafting and consistency in dividing assets in a divorce. It also illustrates how important it is to fully understand the terms of your settlement.

What Mosi Tatupu’s widow thought she was getting from her former husband’s NFL pension, and what she ultimately got, were two different things. The provisions of the parties’ divorce Separation Agreement, and the court-submitted document dividing the pension (DRO) were inconsistent. After Mosi’s death, his former wife sought to enforce terms of a DRO to divide the pension, and a federal Court in Massachusetts denied her claim.

The division of pensions and other assets in a divorce is complex and should be handled by an experienced professional.  It is essential that you know and understand your rights, as property division provisions are usually final.  Insist on having your rights explained to you and leave nothing to chance; it is unlikely at best that problems with property division can be rectified after the fact. 

We at Ryan Faenza Carey have seen first hand the difficulties and problems that arise in cases such as Mosi’s, among others.  These difficulties and problems can mean the loss of thousands or even millions of dollars down the road.  Consult with one of our experienced professionals.