Pet Prenuptial Agreements

 

The recent WBZ News Channel 4 segment on pet prenuptial agreements highlights a common area of controversy in divorce and how an increasing number of pet owners are taking steps to protect their interest in the family dog or cat. A pet prenuptial agreement (or a “Pup-Nup”) is an agreement that spouses enter into, which provides for care, custody and even “pet parenting time” in the event the marriage breaks down. Such agreements can help couples save thousands of dollars in legal fees, time and emotional energy in the event a conflict erupts over who should keep the family pet.

While Massachusetts does allow individuals to obtain restraining orders (i.e. 209(A) Abuse Prevention Order) relative to their pets, the Commonwealth still treats pets as any other form of property, such as a car, furniture or bank account, and as such pets are subject to division during a divorce pursuant to certain factors. However, most pet owners will likely agree that their pet is far more than a piece of property, but rather a family member or child. Pet prenuptial agreements are not typically complex, and if you are already contemplating a prenuptial agreement, a pet provision may be inserted.

If you are interested in ensuring that your family pet is protected, please give me a call.

I wish you all the best,

Josh Robbins

Of Counsel

Scafidi, Juliano & Hurd, LLP

310 Washington Street, Suite 201

Wellesley, Massachusetts 02481

(T): 781-210-4710

(F): 781-210-4711

(E): jrobbins@sjh-law.com

Disclaimer:

This Blog/Website is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice (or any legal advice).  This blog is for general informational purposes only. Joshua N. Robbins, Esq. does not offer or dispense legal advise through this blog or by emails to or from this site. By using this Blog / Website you understand that there is no attorney-client relationship between you and the Blog/Website publisher.  The Blog/Website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This blog is not published for advertising or solicitation purposes. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon a Blog / Website. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While the blog is revised on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

To ensure compliance with requirements imposed by the U.S. Internal Revenue Service in Circular 230, we inform you that any tax advice contained on this site (including any links provided) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.

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Temporary Alimony is Separate from General Alimony

On April 2, 2014 the Supreme Judicial Court ruled that: “temporary alimony is separate and distinct from general term alimony and that the duration of temporary alimony is not included in calculating the maximum presumptive duration of general term alimony.” (See Holmes v. Holmes)

This means that if you are in the process of divorce and there is a temporary order of alimony the court will likely not include any temporary alimony payments in calculating the final determination of alimony. Thus, a recipient of alimony may receive several months if not years more in alimony than if temporary alimony were counted towards their ultimate alimony award. Conversely, a payor of alimony may ultimately pay substantially more as they do not get to the benefit of deducting temporary alimony payments from their ultimate obligation.

This case is clearly a “win” for individuals that may be eligible for alimony as it allows them to reap the benefits of temporary alimony without it counting against their ultimate award. In my opinion, individuals who may have an alimony obligation now have a further incentive to settle their divorce.

I wish you all the best,

Josh Robbins

Of Counsel

Scafidi, Juliano & Hurd, LLP

310 Washington Street, Suite 201

Wellesley, Massachusetts 02481

(T): 781-210-4710

(F): 781-210-4711

(E): jrobbins@sjh-law.com

Disclaimer:

This Blog/Website is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice (or any legal advice).  This blog is for general informational purposes only. Joshua N. Robbins, Esq. does not offer or dispense legal advise through this blog or by emails to or from this site. By using this Blog / Website you understand that there is no attorney-client relationship between you and the Blog/Website publisher.  The Blog/Website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state or jurisdiction. This blog is not published for advertising or solicitation purposes. Regardless, the hiring of a lawyer is an important decision that should not be based solely upon a Blog / Website. The information on the blog may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While the blog is revised on a regular basis, it may not reflect the most current legal developments. The opinions expressed at or through the blog are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

To ensure compliance with requirements imposed by the U.S. Internal Revenue Service in Circular 230, we inform you that any tax advice contained on this site (including any links provided) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed in this communication.