McEvoy & Stuntz, LLPMcEvoy & Stuntz, LLP2026-10-12T12:21:24Zhttps://www.mcevoystuntz.com/feed/atom/WordPress/wp-content/uploads/sites/1200932/2020/01/cropped-Favicon-32x32.jpgOn Behalf of McEvoy & Stuntz LLP<![CDATA[High-conflict, HNW custody and best interests of the child]]>https://www.mcevoystuntz.com/?p=476122026-10-07T12:22:09Z2026-10-12T12:21:24ZDivorcing in Massachusetts with significant assets can introduce unique issues post-divorce. Oftentimes, child custody disputes can extend far beyond standard support calculations. You might not simply argue over who pays for daily needs. You may be negotiating decisions on how your child can continue their private school education or who funds international vacations.
For you, the challenge is rarely about meeting basic needs. Instead, it centers on “lifestyle maintenance” that ensures your child enjoys their quality standard of living.
What are “extraordinary expenses”?
The court looks beyond the standard formulas when cases involve extraordinary circumstances. In Massachusetts, judges can exercise discretion when ordering “extraordinary expenses” that reflect your family’s quality of life. For example, this may include private school tuition, international travel for enrichment or costs associated with specialized sports and hobbies.The court’s primary goal is to maintain your child’s status quo. Your child’s lifestyle is not a luxury to the court, but a vital part of their upbringing. However, a dispute may arise when both of you have differing opinions on the expenses. One may view them as essential while the other believes the expenses are wasteful or unnecessary.
Can affluence become a weapon?
The court frequently appoints a Guardian ad Litem (GAL) in high-conflict divorces. In your case, the GAL may not just check the safety of your homes. They can investigate how family wealth influences parenting dynamics.In high-net-worth cases, wealth can become a weapon. You may encounter “financial coercion” where one parent can use promises of extravagant gifts to “buy” children’s preferences. Conversely, a parent can use their control over wealth and property as a tool for negotiation or punishment.The GAL will scrutinize these behaviors. Their report to the judge will evaluate whether your proposed expenses are truly necessary for your child.
Strategic moves for your case
To protect your children’s interests, you must document your child’s established activities. If you wish to preserve your child’s specific lifestyle, you may need to provide a clear report to the court. This may include a history of specific expenditures and their direct impact on the child’s well-being. On the other hand, if you suspect your spouse is weaponizing wealth, document these instances. Your wealth provides opportunities for your child, but how you utilize resources matters as much as having them. Consider your legal options first before navigating high-stakes negotiations.]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[What are the warning signs of hidden assets in a divorce?]]>https://www.mcevoystuntz.com/?p=476092026-09-09T02:11:07Z2026-09-15T02:09:57ZGoing through a divorce is hard enough without wondering if your spouse is being fully honest about money. Most people never expect to face this problem. However, it happens more often than you'd think, and knowing what to look for can make a real difference during the process.
Sudden changes in spending
One of the first things people notice is a shift in how their spouse handles money. Maybe bank statements stop showing up, or account balances seem lower than expected without a clear reason. Some people move money into a new account that their spouse doesn't know about, or they start paying off a loan to a friend or family member that never seems to get discussed. Overpaying the IRS on purpose, so a refund can be collected later, is another quiet trick. Even small things, like a sudden interest in cryptocurrency or a new business venture that produces little income on paper, can be worth a second look.
Gaps in the financial paperwork
Divorce requires both people to share financial records, and gaps in that paperwork are often a red flag. This might look like missing pages from a bank statement, unexplained withdrawals, or business records that seem too simple for how much the company actually earns. Sometimes a spouse delays sharing tax returns or claims documents were lost. None of these signs prove wrongdoing on their own, but together they can point to something worth exploring further.
Why an attorney can help
Noticing these signs doesn't mean you have to figure everything out alone. A family law attorney who understands Massachusetts divorce cases can help review financial records, ask the right questions, and, if needed, bring in a forensic accountant to look deeper. Having someone in your corner who knows what to look for can ease a lot of the stress that comes with feeling unsure about your spouse's honesty. It's not about assuming the worst, it's about making sure the process is fair for everyone involved.]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[Does the court have jurisdiction over out-of-state property?]]>https://www.mcevoystuntz.com/?p=476072026-08-06T09:51:34Z2026-08-11T09:50:51ZHow jurisdiction applies to property in another state
Jurisdiction refers to a court's authority to hear a case and issue legally binding decisions. Massachusetts courts generally have authority over people and property within the state. They may also have authority over you if you live in Massachusetts or have sufficient legal connections to the state.
This authority allows the court to require you to take specific steps, even when some of your assets are located in another state. For example, a court may order you to transfer ownership of property held in another state or complete a sale as part of a divorce settlement or estate administration.
However, courts generally treat real estate differently. The state where the property is located usually has exclusive authority over its title and ownership. A Massachusetts court cannot directly transfer ownership of land or a home in another state.
When another state’s court may have authority
If an estate includes real estate outside Massachusetts, you may need to complete a separate legal proceeding in that state. This process is known as ancillary probate. It allows the local court to oversee the transfer of the property under that state’s laws.
Not every out-of-state asset requires this extra step. Bank accounts, investment accounts or other personal property may pass under different rules depending on how they are owned or whether they have named beneficiaries. Reviewing each asset individually can clear up which procedures apply.
How multistate property issues can affect you
Managing property in more than one state can make your legal matter more complex and time-consuming. Different states may have different filing requirements, timelines and procedures. In some cases, you may need to record deeds or complete other paperwork in the state where the property is located before a transfer becomes effective.
If you are planning your estate or handling property across state lines, it may help to identify where each asset is located and how it is titled. Learning which court has authority over each type of property may give you a clearer picture of what to expect.
Understanding your legal options with out-of-state property
Understanding how court authority works can help you make more informed decisions when property spans multiple states. Reviewing your assets and gathering important documents can help you understand the steps required and prepare for the process ahead.]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[How divorce affects stock options, RSUs, and bonuses]]>https://www.mcevoystuntz.com/?p=476062026-07-09T12:45:07Z2026-07-14T22:14:54ZNot all equity compensation is treated the same
Massachusetts follows the principle of equitable distribution. This means the court divides marital property fairly, but not necessarily equally. Whether stock options, RSUs, or bonuses qualify as marital property often depends on factors such as:
When your employer granted the compensation
Why your employer awarded it
Whether the compensation vested before or after the divorce
Whether it rewards past performance or encourages future employment
The court may determine that only a portion of the asset belongs in the marital estate, particularly if it spans both the marriage and the period after separation.
Future compensation may still affect your divorce
Many employees assume that unvested stock options or future bonuses automatically remain separate property. In reality, which is not always the case.
Courts often examine the purpose of the award. For example, compensation earned for work performed during the marriage may qualify as marital property, even if it does not vest until after the divorce. On the other hand, compensation designed to reward future performance may remain separate, depending on the specific facts.
Valuing complex compensation
Determining the value of stock options, RSUs, and bonuses can require more than reviewing an account statement. Vesting schedules, tax consequences, employment agreements, and market conditions may all affect their value.
Your attorney may work with financial professionals to calculate an appropriate value and develop a strategy for dividing these assets fairly during settlement negotiations or litigation.
Why experienced legal guidance matters
Executive compensation packages often involve unique legal and financial issues that can significantly affect the outcome of a divorce. Overlooking a vesting schedule or misunderstanding the purpose of an equity award may lead to an unfair property division. An experienced Massachusetts divorce attorney can:
Review your compensation agreements
Identify which assets may qualify as marital property
Work with financial experts when necessary
Advocate for a fair distribution of complex assets
If your divorce involves stock options, RSUs, bonuses, or other forms of executive compensation, obtaining experienced legal guidance early can help you protect your financial future and pursue an equitable resolution under Massachusetts law.]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[3 mistakes to avoid during a custody dispute in Massachusetts]]>https://www.mcevoystuntz.com/?p=476042026-06-08T14:21:36Z2026-06-11T14:20:35ZSpeaking negatively about the other parent
When emotions run high, you might feel tempted to criticize your child's other parent. This can happen in front of your children, on social media or even in court documents. However, Massachusetts courts focus on what serves the best interests of the child. Judges generally look unfavorably on parents who try to damage the relationship between their children and the other parent.
Badmouthing your ex can hurt your case and harm your child emotionally. Many children feel caught in the middle when parents speak poorly of each other. Consider keeping your grievances to yourself. Courts often favor parents who are willing to foster positive relationships between their child and their co-parent.
Failing to document important information
Memory can be unreliable, especially during stressful times. Many parents assume they will remember every important detail about schedules, conversations or incidents. Unfortunately, when you need to recall specific dates or events months later, those details may become fuzzy.
You might want to keep a detailed calendar or journal documenting your time with your children, important conversations with the other parent and any concerns that arise. Save text messages, emails and other communications that might be relevant. This documentation can become valuable if you need to demonstrate patterns of behavior or verify your involvement in your children's lives.
Ignoring court orders or agreements
Sometimes parents disagree with temporary custody arrangements or visitation schedules. You might think a particular order is unfair or does not work for your situation. However, failing to follow court orders can seriously damage your credibility and your case.
Even if you believe an order needs changing, you should follow it until the court officially modifies it. Showing respect for the legal process demonstrates to the court that you can be trusted to follow future custody arrangements.
Protecting your rights as a parent in Massachusetts
By avoiding these common mistakes, you can strengthen your position during the divorce, helping you create a more stable environment for your child. Staying focused on your child’s well-being, keeping organized records and following court orders could show the court that you are prepared to support your child’s best interests.]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[7 types of income counted towards your alimony payments]]>https://www.mcevoystuntz.com/?p=476022026-05-08T09:38:38Z2026-05-13T09:37:47ZKnowing which parts of your income a court examines can make a significant difference in your divorce outcome. Courts in Massachusetts do not only look at your paycheck. They take a comprehensive look at your financial life before deciding on an alimony order. This process can be complex, especially when you have significant assets at stake. Hence, understanding this from the start helps you prepare and respond with confidence.
How Massachusetts defines income for alimony
Massachusetts uses a broad definition of income when it comes to alimony. Under the Alimony Reform Act, courts consider nearly every source of money you receive. For high-asset couples, this means your financial picture goes far beyond a simple salary review. The more you understand this definition, the better equipped you are to navigate what follows.
Seven types of income courts typically count
This broad definition of income means courts look well beyond your base salary. In fact, Massachusetts courts examine seven specific types of income when determining an alimony order:
Wages and salary: Your regular employment income serves as the foundation of any alimony calculation.
Bonuses and commissions: Courts include substantial or consistent bonuses and commissions by reviewing your past earnings patterns.
Self-employment earnings: Income from business ownership, freelancing or independent contracting counts and courts may review your financial records to verify actual earnings.
Investment income: Interest, dividends and recurring capital gains factor into the total based on what your portfolio actively generates.
Rental income: Courts count the net income from your rental properties after subtracting reasonable operating expenses.
Retirement benefits: Courts include pension payments and other retirement income and these sources often carry more weight in longer marriages.
Unearned income: Money from trusts, annuities or similar sources counts if you receive it on a consistent basis.
As you can see, the scope of what courts consider is wide. This is why understanding your full income picture early in the process puts you in a stronger position going forward.
Protect your financial future during divorce
Divorce is a major financial transition and the decisions you make during this process can shape your future for years to come. Taking the time to understand how courts assess your income is one of the most important steps you can take. The more informed you are, the better equipped you will be to make decisions that protect what you have built. You deserve to enter this process with clarity, confidence and a clear understanding of your rights.]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[Buyouts, offsets or co-ownership: Which works best after divorce?]]>https://www.mcevoystuntz.com/?p=476002026-05-14T06:27:24Z2026-04-13T10:29:08ZBuyout
A buyout allows one spouse to keep the asset while compensating the other for their share. This option creates a clean break, since you will not remain financially tied to your former spouse once the transfer is complete.
Buyouts tend to work best when there is access to liquidity or a structured payout arrangement. In some cases, one spouse may refinance a business or use other available assets to fund the payment over time.
At the same time, a buyout can introduce financial strain. Taking on debt or reducing liquidity may affect how the business operates. If the asset relies on consistent cash flow, the structure and timing of the buyout will carry long-term consequences.
Offset
An offset allows one spouse to retain the asset while the other receives different assets of comparable value. Rather than relying on cash, you balance the division across the broader marital estate.
This approach often works when there are multiple high-value holdings, such as real estate, investment accounts, stock options or retirement funds. It can reduce the need for financing while still achieving an equitable result.
However, this option depends on having enough comparable assets to create balance. Differences in risk, liquidity and future growth can complicate valuation and lead to disputes over what is truly equal.
Co-ownership
Co-ownership allows both spouses to continue sharing the asset after the divorce. This structure may help preserve a business that would otherwise face disruption from a sale or large payout.
In certain situations, co-ownership allows both parties to benefit from future growth while avoiding immediate financial pressure.
However, this approach requires ongoing coordination. You will remain financially connected, and key decisions will continue to involve your former spouse. Clear agreements around roles and exit terms will play a central role in avoiding future conflict.
What makes one path less disruptive than another
The least disruptive option will depend on more than financial value alone. Several factors will influence which approach fits your circumstances:
Access to cash, credit or other available assets
Stability, income capacity or growth outlook of the asset
Ability to maintain a functional working relationship after divorce
Tax impact on both immediate and long-term value
Personal priorities such as independence or continued involvement
Weighing these factors in context can help you identify which path aligns with both your financial position and your long-term plans.
Choosing the right path
There is no single approach that fits every high-asset divorce. A buyout may provide independence, an offset may create balance and co-ownership may preserve long-term value. Each option carries consequences that extend beyond the division itself.
The right path will depend on how your assets are structured and how they generate value. It will also come down to how much ongoing connection you are prepared to maintain with your former spouse. A well-considered approach can help protect what you have built while limiting unnecessary disruption.
]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[When stock options complicate Massachusetts divorce decisions]]>https://www.mcevoystuntz.com/?p=475992026-05-14T06:27:21Z2026-03-13T09:23:35ZClassifying and valuing stock options in a Massachusetts divorce
Massachusetts follows equitable distribution, which means a judge looks at fairness rather than equal division. The court may consider factors such as the length of the marriage, each spouse’s financial contributions and each spouse's future earning potential when dividing assets. Both vested and nonvested benefits can enter that analysis, so stock awards may form part of the overall property picture depending on the circumstances.
You may need to separate awards tied to work you already performed from awards meant to reward future work. Timing can matter. A grant during the marriage may still vest later. A judge may treat some or all of that grant as part of the marital estate, depending on the facts.
You may also want a valuation approach that fits your situation. You can review the strike price, vesting schedule and current share price. You can also consider tax effects, since taxes may change the net value you actually keep.
Structuring settlements around equity compensation
After you identify the grant and its purpose, you may begin reviewing possible settlement structures. Different approaches could help you anticipate financial effects that may arise later. Before agreeing to terms, you may want to review the following:
Vesting schedule: Align distribution timing with anticipated share release events
Tax exposure: Evaluate income recognition points tied to equity transactions
Cash flow planning: Assess available liquidity for settlement-related obligations
Employment continuity: Consider forfeiture conditions linked to ongoing service
Key considerations before agreeing to equity-related terms
Before you agree to any proposal, pause and review the purpose behind each grant and the timeline attached to it. Small differences in vesting dates, tax treatment or forfeiture terms can change the financial outcome. Taking time to line up those details with your broader financial goals may help you approach negotiations with greater clarity and fewer surprises.]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[How to manage a phantom income during a child support case in MA]]>https://www.mcevoystuntz.com/?p=475962026-02-09T08:36:41Z2026-02-12T08:35:53ZWhat defines phantom income for high earners
Phantom income is money you pay taxes on but never actually receive in your paycheck. If you own part of a business, the company might keep its profits to grow instead of paying them out to you. Even though you never saw that cash, the IRS and Massachusetts courts may still count it as money you "earned" when they decide how much child support you owe.
New state rules that started Dec. 1, 2025, make the definition of income very wide. The courts can now look at many different ways you get paid, including digital currency and complex work bonuses. Recent court cases also show that judges are more likely to count things like dividends and the money your boss puts into your retirement account as part of your total income.
Navigating business earnings and equity
In a divorce involving a business, the court must decide how much of the company’s profit is actually available to pay for child support. Massachusetts courts follow a specific set of rules to make sure this is fair.
Judges will look closely at your unique situation to determine if your business truly needs that money for daily operations. They want to ensure you are not holding funds back just to lower support payments.
A judge may agree that business cash should not count as personal income if you prove you need it for operations. Showing that you must buy equipment or pay employees can help protect these funds.
Understanding hybrid orders and stock grants
For professionals who get paid in company stock or grants, judges have a flexible way to handle these assets. Instead of guessing what unvested stock might be worth in the future, a judge can issue a hybrid order. This usually means you pay a base amount from your regular salary and then pay a separate percentage of your stock only after it actually vests and becomes cash.
This approach acknowledges that you cannot pay for your child's needs with stock that you are not allowed to sell yet. By matching support payments to when you actually receive the money, the court helps create an agreement that is sustainable for everyone.
Seeking equitable support orders
Simply plugging numbers into a worksheet rarely works for executives or business owners with tiered compensation structures. A strong argument for a support order that reflects your actual ability to pay is vital. Consider speaking with an attorney who can help ensure your support order is equitable and realistic.
]]>On Behalf of McEvoy & Stuntz LLP<![CDATA[My ex plans to remarry. Can I stop paying alimony now?]]>https://www.mcevoystuntz.com/?p=475912026-01-27T13:39:18Z2026-01-30T13:38:05ZFor many paying alimony (spousal support) in Massachusetts, an ex-spouse's remarriage can feel like financial freedom. But before you celebrate, you must first confirm that your legal duty is truly over. Even if settlement agreement appears straightforward, you often need to follow a formal process to officially stop spousal support payments.
Automatic legal trigger for termination
Remarriage of the recipient spouse is a major legal event. It does legally terminate the financial obligation. The law considers that the new spouse assumes the responsibility of support.General term alimony and rehabilitative alimony typically end automatically upon the recipient's remarriage. This rule applies to those forms of support because they focus on helping a dependent spouse become self-sufficient.
Check the divorce agreement first
Before you stop sending any money, it is critical to identify the type of alimony your divorce judgment ordered. Not every form of spousal support terminates automatically upon remarriage.For example, transitional alimony helps a recipient move to a new town or lifestyle. Reimbursement alimony, meanwhile, pays back a former spouse for specific financial contributions made during the marriage, like funding a degree.Often, these specific types of alimony will continue according to the terms set in the original divorce order.
Cohabitation can complicate the issue
Sometimes, a former spouse may choose to cohabitate, or live with a new partner but remain unmarried, instead of remarrying. In such cases, general term alimony may be suspended, reduced or terminated if the recipient spouse maintains a common household with another person for a continuous period of at least three months.Cohabitation requires you to prove the living arrangement's financial nature to the court. You will need to show that your ex-spouse’s new living arrangement offers economic support or benefits their life.
Unilaterally stopping payments is risky
The court ordered your alimony payments, and only a court order can formally relieve you of that duty. Stopping payment prematurely, even by one day, could expose you to legal challenges.The recipient spouse could file an action for contempt, arguing you violated the court's existing financial order.The court may order you to pay the missed amounts, plus your ex-spouse's attorney's fees. In some cases, you may confront fines or other serious penalties for contempt.
How to legally terminate alimony payments?
Here are the critical steps you must take to proceed safely:
Confirm the marriage: A marriage certificate or a court record can validate the date of the new marriage.
File a complaint for modification: A formal petition with the Probate and Family Court explicitly asks the court to modify the existing order, citing the recipient's remarriage as the statutory ground for termination.
Serve your former spouse: You must formally deliver the modification paperwork to your ex-spouse. The court cannot proceed until you complete this step correctly.
Obtain the new judgment: Wait for the court to issue a new, legally binding order confirming that your alimony obligation has ended.
Filing initiates a formal legal process. The court will review the facts (remarriage), examine your original divorce judgment and confirm the specific type of alimony ordered. A hearing may be necessary if there is any dispute.Once satisfied, the judge will issue a new, legally binding order. This new order officially confirms the end date of your financial duty. Only after receiving this new court order can you safely stop making payments.]]>