Family Law - Ma Case Law

Front 1

Austin v. Austin
443 Mass. 1107 (2005)

Back 1

Alimony can be waived in a prenuptial agreement

Front 2

Rubin v. Rubin
29 Mass.App.Ct. 689 (1991)

Back 2

Lower court declined to rule whether a postnuptial agreement was valid (involved an attempted reconciliation)

Front 3

Fogg v. Fogg
409 Mass. 531 (1991)

Back 3

SJC declined to rule whether postnuptials are enforceable in Massachusetts

Front 4

DeMatteo v. DeMatteo, 436 Mass. 18 (2002)

Back 4

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

Front 5

D.L. v. G.L.
61 Mass. App. Ct. 488, 503 (2004)

Back 5

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

Front 6

Lauricella v. Lauricella
409 Mass. 211 (1991)

Back 6

A beneficiary entitled to distributions from a trust will not be relieved of spousal and children support obligations in a divorce proceeding

Front 7

Davidson v. Davidson
19 Mass. App. Ct. 364 (1985)

Back 7

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.

Front 8

Comins v. Comins
33 Mass. App. Ct. 28 (1992).

Back 8

M.G.L. c. 208, § 34 confers broad discretion to a judge in making equitable property divisions (including trusts)

Front 9

Vaughan v. Vaughan
Mass. No 91-485 (1991)

Back 9

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