Life insurance in a divorce settlement is generally used as security for financial obligations of spouses to one another (or to their children). If one spouse dies before all of his or her financial obligations are met, life insurance is the vehicle most often used to compensate the surviving spouse and/or the surviving children.

Some practical tips:

  • Provide for a decreasing death benefit, considering that the financial obligations will likely decrease over time
  • Have an ending date for the life insurance obligation. Consider that the life insurance premiums at some time may skyrocket and be unaffordable, or worse that the life insurance may no longer be available at all
  • Select a death benefit amount that takes into consideration that the life insurance proceeds will be received lump sum, and tax free
  • Identify the specific policies to be maintained by company and policy number
  • Provide for independent verification of compliance by the insured party—if the insured party dies and there is no policy, the surviving party may have little or no recourse
  • Insist that no loans be taken that would reduce the death benefit to be paid to the surviving party
  • If the recipient is financially irresponsible, suggest that a life insurance trust be named as beneficiary

Divorce settlements are complex. Life insurance is only one of many issues which should be addressed as part of an overall settlement. Don’t go it alone. Call one of our seasoned attorneys at Ryan Faenza Carey for assistance.

The legal process of terminating a marriage—“divorce”—is relatively straightforward. However, the details surrounding the divorce—the dividing of assets, the dividing of debt, determining what happens to health insurance, the kids, support, etc. is far more complicated, and should be done at the time of divorce. A word to the wise? Get advice from a seasoned attorney as to your rights and obligations before you try DIY divorce. This is true regardless of how long you have been married.

Our case files at Ryan Faenza Carey are filled with the stories of clients who attempted DIY divorce, only to later regret it and come to us for assistance after the fact. In some cases, what clients thought they had agreed to did not correspond to the language in their written agreement. In other cases, the intent in the agreement was unclear, and subject to different interpretations. In other cases, critical issues were not dealt with at all, leaving a mess to be cleaned up at much greater expense than it would have been to do it right in the first place (if it could be rectified at all).

It is far more difficult to undo a divorce Agreement after the divorce, even if it is fair and equitable to do so. In haste to save time or money or both, the DIY divorce often ends up with one spouse unintentially receiving a windfall, to the detriment of the other spouse. And there is little, or nothing, that can be done about it without the agreement of both parties. Oftentimes, the Court can only look to the “four corners” of the Agreement to determine what the parties’ intent was; and often, the Agreement is silent and no intent can be drawn.

These oversights, or mistakes, can add up to thousands of dollars and/or cost years or decades of aggravation. Consider these examples:

  • A spouse who agrees to pay a year of support to help his or her spouse get back on their feet…….and forgets to include any termination date for the support.
  • A spouse who agrees that the real estate in the wife’s name will stay in the wife’s name…..only to later find out that the real estate was in the name of the husband, not the wife.
  • An agreement that requires one party to maintain and pay for a spouse on a health insurance plan for 2 years, only to find out that the plan itself will not provide insurance.
  • An agreement that one party will get a certain amount from the other’s retirement account, prior to the value of that retirement account taking a nose dive and being cut in half owing to market conditions.

These types of agreements raise more questions than answers, (What to do?) The issues are sometimes difficult, if not impossible, to resolve.  These are mistakes that are easy to avoid at the time of the Agreement, but difficult or impossible to resolve afterwards. Courts are reluctant to take a “second look” after an Agreement is signed, and we are sadly sometimes forced to tell a client after the fact that there is nothing that can be done.

A DIY divorce, without any advice or oversight from a divorce and family law attorney, is a recipe for unintentional error, or even disaster. Proceed with the utmost caution, as you do so at your own peril. Whether you have a consultation with an attorney, or have an attorney for limited assistance, or have an attorney formally represent you, invest in the advice of a seasoned professional before you close the deal.

The stay-at-home advisories enacted across the country created fear and hesitation, not only for victims of abuse, but for people who dedicate their lives trying to keep those victims safe. Reports of domestic violence have increased in many parts of the country since the COVID-19 outbreak. In Chicago, calls made to a domestic violence hotline in March increased by 43% by the end of April. Massachusetts, however, is experiencing the opposite; a decline in calls.

SafeLink is Massachusetts’ statewide domestic violence hotline, available for people who are victims of abuse and for people who are concerned about someone else being abused. A spokesperson for SafeLink recently explained that the decline in calls is not due to a decline in abuse, but is in fact, a revealing sign that victims may be trapped at home with their abuser and have no time to call for help.

The current social landscape – job layoffs, cancelled therapy appointments, social isolation, business shutdowns – has created an unprecedented stress and anxiety level that the average person struggles to deal with. These stressors coupled with abusive tendencies, creates a real danger to victims of abuse. In Boston, police reported the number of domestic assaults in March 2020 has increased by 23% from March 2019. Although some cities in Massachusetts are reporting lower numbers of domestic assaults, declining numbers are not always as optimistic as they may seem.

The Department of Children and Families reported that abuse and neglect claims were down 60% from March 2019. This decrease may be directly related to the COVID-19 school closures and children staying home with potential abusers. Mandated reporters, like teachers, doctors, therapists, guidance counselors, are unable to observe signs of abuse or provide a critical listening ear for a child to turn to or depend on.

If you are suffering from abuse, you are not alone. If you are in immediate danger, call the police. If you need or know anyone that needs support, call SafeLink, the Massachusetts toll-free hotline at (877) 785-2020. If the attorneys at RYAN FAENZA CAREY can assist you in any way, or you want to discuss your options with an attorney, call our offices.

*STATISTICS CITED ABOVE ARE DRAWN FROM THE LINKS CITED

https://www.nytimes.com/2020/05/15/us/domestic-violence-coronavirus.html?action=click&module=News&pgtype=Homepage

https://www.mass.gov/how-to/request-an-abuse-prevention-order

https://patch.com/massachusetts/boston/ma-coronavirus-domestic-violence-calls-increase-police-say

https://www.lclma.org/2020/04/07/domestic-violence-covid-19-lawyers/

https://patch.com/massachusetts/boston/mas-drop-child-abuse-claims-troubling-sign

https://www.mass.gov/doc/court-contact-information-for-protection-order-returns-and-telephone-hearings/download

https://casamyrna.org/get-support/safelink/

Oftentimes in contentious custody matters, language is sought that neither parent disparage the other to a child or in the presence of a child. A recent Supreme Judicial Court case, Shak v. Shak, decided that, unless the parties voluntarily agree to such nondisparagement language, the Court cannot order nondisparagement unless the harm expected from the disparaging language is grave, the likelihood of the harm occurring without the restriction in place is all but certain, and there are no alternative, less restrictive means to lessen the harm.

However, there are options available if such concerning statements are made to a child or in the presence of a child. Depending upon the nature and severity of the speech, parents who are the target of disparaging speech may have the option of seeking a harassment prevention order pursuant to G. L. c. 258E, or filing an action seeking damages for intentional infliction of emotional distress or defamation.

In addition, Probate and Family Court Judges, who are guided by determining the best interests of the child, can make clear to the parties that their behavior, including any disparaging language, will be factored into any subsequent custody determinations. We strongly caution against any parent making disparaging comments about another parent to or in the presence of their child(ren).

Should you have any questions about what a co-parent is saying about you to your child(ren) or in their presence, please contact one of our seven attorneys at Ryan Faenza Carey.

You may have heard of Limited Assistance Representation (also referred to as LAR). LAR is a cost effective method to provide you with limited representation on your case.  LAR is the method by which a party to a divorce, custody, child support, alimony, or other domestic relations action may retain counsel to assist them with individual aspects of their case. There are many aspects of domestic relations cases for which an attorney can be retained LAR, including drafting paperwork for a client, assisting a client with preparation for hearings or negotiating with an opposing party or attorney. There is also the option to retain a LAR attorney to represent a party at individual court hearings.

LAR is an effective method of providing the client with necessary legal services, while also remaining cost conscious in an attempt to preserve as much of the marital estate as possible.

If you believe Limited Assistance Representation may be an option for you, please call our office at (508) 668-9112 to speak with one of our seven attorneys.