Massachusetts Divorce: FAQ’s
How will marital assets be divided?
The division of marital assets is controlled under Massachusetts General Law Chapter 208. The Probate Court uses several factors to determine how to divide the marital estate: the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.
The Court may consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit. The Court may make a judgment for either of the parties to pay alimony to the other. The Court also considers the present and future needs of the dependent children of the marriage.
Will I keep my health insurance?
During the mediation sessions the husband and wife will discuss how to best continue health insurance benefits for the entire family post-divorce. When health insurance coverage is available to the parties through an employer or organization, the mediator will help the parties make a plan so that health insurance may be extended to cover both spouses and any dependent children.
How is alimony or spousal support determined?
As of March 1, 2012, alimony is controlled under the Alimony Reform Act of 2011. If you want a copy of the new Alimony Law, send us an email and we’ll get a copy out to you. If you have questions about how the new Alimony Act will affect you, give us a call at 508.795.0200.
Will I be granted child custody or visitation rights?
“Custody and visitation” are fighting words. Divorce mediators have lead the movement to encourage divorce lawyers and judges to use less confrontational terms such as, “Parenting Schedule”, “Parenting Time”, “Parental Responsibilities”, “Parental Obligations” and “Parental Duties”. The new terms are more in line with the reality that parenting is a joint effort.
This language acknowledges that society appreciates that parenting is a gender neutral activity. Divorce mediators are particularly adept at focusing on parenting as a shared responsibility. Parker Mediation believes in a child centered, child focused approach to parenting. The mediator helps the parties to find their inner strengths, to acknowledge the strengths of the children as well as the other parent and to develop parenting plans that utilize the strengths of each family member to the fullest potential.
Massachusetts courts recognize that incorporating the latest research into parenting is beneficial for children of divorced parents. Parents with children that divorce are required to attend a parenting class. The original certificate of completion must be filed with the court. Parker Mediation will provide referrals for court approved classes at your first session.
How much child support will I receive/pay?
Parker Mediation recognizes that parents have a mutual duty to support their children. The manner in which the children are supported by the parties post divorce is determined by the special circumstances of each family. Whenever financially possible, parents are encouraged to provide the child(ren) with a level of support that will permit the child(ren) to enjoy the lifestyle of the family prior to divorce.
Child support is controlled by M. G. L. C. 208 – 28 which reads in part. “In determining the amount of the child support obligation or in approving the agreement of the parties, the court shall apply the Massachusetts child support guidelines (PDF document) promulgated by the chief justice for administration and management, and there shall be a rebuttable presumption that the amount of the order which would result from the application of the guidelines is the appropriate amount of child support to be ordered”.
In Massachusetts, the calculation of child support is made by a mathematical formula commonly known as the Child Support Guidelines. However the application of the child support guidelines to cases of joint custody, split custody, or similar shared custody arrangements can be more complicated. During mediation, the parties may calculate the child support guidelines as a reference point. Often parties choose to follow the guidelines. In some cases the parties deviate from the guidelines to meet specific needs of the parenting arrangements and support of the child(ren).
Child support is appropriate until the child reaches emancipation. In divorce mediation the parties decide when emancipation occurs: (a) the child reaches the age of eighteen and is not enrolled full-time in either high school or an undergraduate college program; or (b) is serving in the military; or (c) has reached a certain age, usually by the age of twenty-three (23); or (d) the child marries, or (e) the child becomes employed full-time. Typically exceptions are made for full-time employment during summer vacations and semester breaks from college.
Contact Parker Mediation and schedule a confidential consultation with one of our trained and experienced mediators. Call 508.795.0200.
Parker Mediation provides professional divorce and mediation services to individuals and families throughout Massachusetts with offices in Worcester County, serving Central Massachusetts. Our Worcester office serves communities including Auburn, Berlin, Boylston, Clinton, Dudley, Fitchburg, Grafton, Leominster, Marlborough, Millbury, Northborough, Oxford,Paxton, Princeton, Shrewsbury, Sterling, Sutton, Southborough, Westborough, West Boylston and Worcester, Massachusetts.
