Massachusetts judge rejects DIY divorce settlement, citing inequitable terms
A recent ruling in Massachusetts highlights the financial risks of do-it-yourself divorces for long-term marriages, with one partner holding $1.5 million against $30,000.
A judge in Massachusetts has rejected a do-it-yourself divorce agreement for a couple married for more than 30 years, ruling that the proposed terms were not equitable. The decision underscores the potential pitfalls for older couples attempting to navigate complex asset division without professional legal assistance.
Family lawyer Grace Roessler of the Mirick law firm in Massachusetts cited the case to illustrate the dangers of what is known as "gray divorce," a term referring to separations among individuals typically in their 60s, 70s, and 80s. Roessler noted that while self-managed settlements are often pursued to save legal fees, which can exceed $18,000, they frequently fail to account for significant wealth disparities.
In the specific instance witnessed by Roessler, one partner held $1.5 million in assets while the other held only $30,000. The judge refused to enforce the agreement, citing that the terms were unfair to the wife. Roessler stated that most such self-managed agreements are unenforceable because they do not adequately address the financial realities of long-term marriages.
Roessler advised that older couples must conduct thorough groundwork before filing, including a complete inventory of shared assets and liabilities. She recommended that spouses obtain joint tax returns from accountants or the Internal Revenue Service to uncover hidden income streams, such as dividend distributions or 401(k) withdrawals, as well as undisclosed liabilities like credit card debt.
The legal landscape for gray divorce is further complicated by varying state laws regarding alimony and child support. In Massachusetts, alimony payments for marriages lasting 10 to 20 years have specific time limits, whereas child support can extend until a child reaches age 26. Roessler highlighted that judges may extend alimony if a paying spouse continues to work past Social Security age, a trend becoming more common.
She also noted that special needs care for adult children can alter standard asset division expectations, with judges potentially awarding more than 50% of assets to ensure proper care. Given these complexities, Roessler emphasised that seeking legal counsel is essential to navigate state-specific regulations and protect long-term financial security.
