Only an attorney with expertise in divorce law can determine exactly what you might be entitled to…so it’s important to tell your divorce attorney about anything that could affect the prospects of both you and your spouse down the road.

Take the case of a man who was a 25% partner in a real estate project at the time he filed for divorce. While the divorce was pending, the value of his share increased…and his partner then bought out his interest in the project for $1.6 million.

The wife wanted to share in the increased value of the partnership, while the husband argued that his interest should be valued as of the date they filed for divorce.

The Court ruled that the appreciation in value could be included in the couple’s marital property if it occurred “passively,” meaning it was due to factors other than the efforts of the spouse.

In this case, the court said, the appreciation was “passive” because it was due primarily to the efforts of the husband’s partner, not those of the husband. Therefore, the wife could share in the increase.

In another divorce case, a woman received stock options from her employer while she was married, but options didn’t vest until after she had separated from her husband.

The wife argued that because the options hadn’t yet vested when the couple split up, they were her own separate property.

But the Court decided that even if the options hadn’t vested, they could still be divided at divorce in a similar way to other types of deferred compensation, such as pensions or retirement benefits.

Another divorce case involved a couple who had a pending personal injury lawsuit when they divorced.

In that case, the husband had been seriously injured in an accident at a racetrack. The couple sued for the injury, but they separated before the case was settled.

After the case was settled, the wife argued that she should get a share of $60,000 in settlement money.

The Court sided with the wife, ruling that because the couple were married when the injury occurred and when the suit was filed, any proceeds from the suit were marital property.

In yet another case, a divorcing couple didn’t have much money, but the husband came from a wealthy family, and it was likely that he would inherit significant assets in the future through family wills and trusts. The wife argued that this should be considered in dividing up the marital assets.

The Court agreed, saying that even though the husband’s potential inheritances weren’t property – they were merely an “expectancy” – they could still be considered when dividing the couple’s assets, so that the wife could get a larger share.

Of course, as always, the law can vary from state to state and from case to case. But it’s important to tell your family law attorney about possible future events that could affect either you or your spouse, because they might be relevant to a divorce.

If you have questions about property division in your divorce, contact the Leone Law Offices to schedule a consultation.

The Framingham divorce attorneys at our law firm serve the Greater Boston Metrowest region including Middlesex County, Worcester County, Norfolk County, and the communities of Ashland, Boston, Berlin, Bolton, Boylston, Clinton, Concord, Dover, Framingham, Grafton, Hopkinton, Holliston, Hudson, Marlborough, Maynard, Millbury, Natick, Needham, Newton, Northborough, Sherborn, Shrewsbury, Southborough, Sudbury, Upton, Watertown, Waltham, Wayland, Wellesley, Weston, Westborough, West Boylston, and Worcester.

However, in several recent cases, it was determined that federal payments could be split at divorce.

• A military retiree’s health insurance benefits can be split at divorce, the Alaska Supreme Court decided.

That’s because of a federal law called the Uniformed Services Former Spouse Protection Act. Under that law, military retirement pay can be either individual property or marital property, depending on a state’s own divorce laws. And though laws differ between states, in Alaska such benefits are considered marital property.

• Veterans’ disability benefits can be taken into account in deciding how much alimony a veteran’s ex-wife is entitled to, the South Dakota Supreme Court recently ruled.

A federal law prohibits the seizure or taxation of VA disability benefits. But the court said the benefits could be considered in deciding a proper amount of alimony, because that’s different from seizing them to pay a debt or imposing a tax on them.

• A woman receiving Social Security disability benefits might have to pay some of the money as child support, says the Kentucky Supreme Court.

In that case, an unmarried father was awarded custody. The mother, whose mental illness made her unable to work or manage her own affairs, fell behind in her support obligations. But the court said the fact that she was receiving federal disability benefits didn’t excuse her from paying what she could toward caring for her child.

The Boston Metrowest divorce attorneys at our law firm serve the Greater Boston Metrowest region including Middlesex County, Worcester County, Norfolk County, and the communities of Ashland, Boston, Berlin, Bolton, Boylston, Clinton, Concord, Dover, Framingham, Grafton, Hopkinton, Holliston, Hudson, Marlborough, Maynard, Millbury, Natick, Needham, Newton, Northborough, Sherborn, Shrewsbury, Southborough, Sudbury, Upton, Watertown, Waltham, Wayland, Wellesley, Weston, Westborough, West Boylston, and Worcester.

The most common fault ground for divorce in Massachusetts is Cruel and Abusive Treatment. You need to show that something your spouse knowingly did or didn’t do caused you harm or upset. Acts of physical abuse are cruel and abusive treatment. Sometimes certain forms of mental cruelty may be enough. You have to show it caused you physical harm, for example, your spouse’s drinking and staying out all night caused you headaches and stomach problems.

Another common fault is Desertion. This means your spouse left the marital home voluntarily and without your forcing him/her to leave. He or she left, has no intention of returning home, and has not lived with you for at least one year before the date of your filing the complaint for divorce.

The Greater Boston divorce lawyers at our law firm serve clients come from all over Massachusetts and the Greater Boston Metrowest region including Ashland, Boston, Berlin, Bolton, Boylston, Clinton, Concord, Dover, Framingham, Grafton, Hopkinton, Holliston, Hudson, Marlborough, Maynard, Millbury, Natick, Needham, Newton,  Northborough, Sherborn, Shrewsbury, Southborough, Sudbury, Upton, Watertown, Waltham, Wayland, Wellesley, Weston, Westborough, West Boylston, and Worcester. We have provided superior legal services to all of these individuals and families, and we will do the same for you.

A “no fault” divorce in Massachusetts is a divorce in which the marriage is broken beyond repair but where neither spouse blames the other. In Massachusetts, the no fault divorce grounds is called “Irretrievable Breakdown of Marriage.” There are two kinds of “irretrievable breakdown” divorces. They are often referred to as “1A’ and “1B”, referring to the section of the law under which they are found, Massachusetts General Laws Chapter 208, sections 1A and1B.

1A–Irretrievable Breakdown, both parties participate:

By Agreement each party swears in an affidavit (a written statement made under oath that the marriage has irretrievably broken down), and files that affidavit with a Joint Petition for Divorce, and a notarized Separation Agreement.

For more information about the process see these articles in our Self-Help Guide for victims of domestic violence.

1B–Irretrievable Breakdown, only one party files:

One spouse files a Complaint for Divorce claiming “Irretrievable Breakdown of Marriage.” Whether or not the other party agrees, the plaintiff (the person filing for divorce) can have a hearing no sooner than six months after filing the Complaint. No affidavit or Separation Agreement is required.

The Framingham divorce attorneys at our law firm serve clients come from all over Massachusetts and the Greater Boston Metrowest region including Ashland, Boston, Berlin, Bolton, Boylston, Clinton, Concord, Dover, Framingham, Grafton, Hopkinton, Holliston, Hudson, Marlborough, Maynard, Millbury, Natick, Needham, Newton,  Northborough, Sherborn, Shrewsbury, Southborough, Sudbury, Upton, Watertown, Waltham, Wayland, Wellesley, Weston, Westborough, West Boylston, and Worcester. Our attorneys have provided superior legal services to all of these individuals and families, and are prepared to do the same for you.

In this case, the husband wanted to raise his two children as Jews. A custody order allowed him to have the children on all Wednesday evenings and Sunday mornings so they could attend Jewish religious training, and also said that he could have custody on major Jewish holidays, including Passover and all eight days of Hanukkah. The father’s right to the children on these occasions would take precedence over all other custody arrangements.

On appeal, however, the Court questioned whether this order went too far. It noted, for instance, that the mother would never be able to see her children on Christmas, New Year’s or Easter if those dates conflicted with a Hanukkah or Passover celebration.

A custody order that gave one spouse’s religion priority over all other issues violated the separation of church and state.

After reviewing the case, the court decided that the order violated the First Amendment of the U.S. Constitution, which governs the separation of church and state and says that the government can’t favor one religion over others.

As long as there was nothing illegal or immoral about the mother’s religious preference – or even lack of a religious preference – a custody order that gave her husband’s religion absolute priority over all other considerations was too extreme, the court ruled.

The Greater Boston child custody and divorce attorneys at our law firm serve the Greater Boston Metrowest region including Middlesex County, Worcester County, Norfolk County, and the communities of Ashland, Boston, Berlin, Bolton, Boylston, Clinton, Concord, Dover, Framingham, Grafton, Hopkinton, Holliston, Hudson, Marlborough, Maynard, Millbury, Natick, Needham, Newton, Northborough, Sherborn, Shrewsbury, Southborough, Sudbury, Upton, Watertown, Waltham, Wayland, Wellesley, Weston, Westborough, West Boylston, and Worcester.