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9 Cards in this Set

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Austin v. Austin
443 Mass. 1107 (2005)
Alimony can be waived in a prenuptial agreement
Rubin v. Rubin
29 Mass.App.Ct. 689 (1991)
Lower court declined to rule whether a postnuptial agreement was valid (involved an attempted reconciliation)
Fogg v. Fogg
409 Mass. 531 (1991)
SJC declined to rule whether postnuptials are enforceable in Massachusetts
DeMatteo v. DeMatteo, 436 Mass. 18 (2002)
Stated that a court will enforce a prenuptial agreement if it was "fair and reasonable" at the time of execution and "not unconscionable" at the time of enforcement
D.L. v. G.L.
61 Mass. App. Ct. 488, 503 (2004)
Massachusetts will allow the inclusion of a spouse’s interest in a trust in marital estate, given that such spouse’s interest in the trust is a present and enforceable right to use the trust property
Lauricella v. Lauricella
409 Mass. 211 (1991)
A beneficiary entitled to distributions from a trust will not be relieved of spousal and children support obligations in a divorce proceeding
Davidson v. Davidson
19 Mass. App. Ct. 364 (1985)
While some states exclude a spouse’s assets received through gift, bequest, devise or descent from the property subject to distribution at divorce, Massachusetts is not one of those jurisdictions.
Comins v. Comins
33 Mass. App. Ct. 28 (1992).
M.G.L. c. 208, § 34 confers broad discretion to a judge in making equitable property divisions (including trusts)
Vaughan v. Vaughan
Mass. No 91-485 (1991)
A third party may submit an affidavit regarding his or her estate plan related to a divorce in order to comply with a discovery request