McEvoy & Stuntz, LLP McEvoy & Stuntz, LLP 2026-05-14T06:27:24Z https://www.mcevoystuntz.com/feed/atom/ WordPress /wp-content/uploads/sites/1200932/2020/01/cropped-Favicon-32x32.jpg On Behalf of McEvoy & Stuntz LLP <![CDATA[7 types of income counted towards your alimony payments]]> https://www.mcevoystuntz.com/?p=47602 2026-05-08T09:38:38Z 2026-05-13T09:37:47Z Knowing 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=47600 2026-05-14T06:27:24Z 2026-04-13T10:29:08Z Buyout 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=47599 2026-05-14T06:27:21Z 2026-03-13T09:23:35Z Classifying 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
Reviewing these factors together may clarify your financial position during divorce discussions.

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=47596 2026-02-09T08:36:41Z 2026-02-12T08:35:53Z What 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=47591 2026-01-27T13:39:18Z 2026-01-30T13:38:05Z For 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.]]> On Behalf of McEvoy & Stuntz LLP <![CDATA[How to create a parenting plan for busy executives]]> https://www.mcevoystuntz.com/?p=47593 2026-01-09T09:35:35Z 2026-01-14T09:34:06Z Managing a demanding job and parenting can feel overwhelming. As a busy professional, you want to provide stability for your child while managing work commitments. A clear parenting plan can help you do both. In Massachusetts, a parenting plan shows schedules, responsibilities and expectations. It creates clarity for you and your co-parent. This blog post provides practical tips to get started, while keeping in mind that your situation may require tailored legal support.

Understanding Massachusetts parenting laws

Massachusetts courts focus on what is best for the child when deciding custody and parenting arrangements. You should understand the difference between legal custody and physical custody. Legal custody covers big decisions about your child’s health and school. Physical custody covers where your child lives. Courts encourage detailed parenting plans that reduce conflict and promote stability. The court may consider your work schedule, but its priority is consistency for your child. Many plans include a right of first refusal. It lets one parent care for the child first if the other needs childcare.

Addressing scheduling challenges for executives

High-demand careers can make daily routines unpredictable. Clear guidelines and shared calendars with your co-parent can reduce stress. Plan for regular duties and unexpected changes. To help you manage a busy schedule, keep these factors in mind:
  • Travel schedules and backup care
  • School, extracurricular and healthcare obligations
  • Holidays, vacations and special occasions
  • Remote work and technology-assisted parenting
  • Emergency contingencies and flexibility clauses
  • Potential relocation and how it would affect parenting time
Outlining these elements helps everyone know what to expect and avoids last-minute conflicts.

Incorporating co-parenting and communication strategies

Effective communication is essential. Decide how and when to send updates about your child. You can use text, email or scheduled calls. Clear rules and expectations help prevent mix-ups. If disagreements arise, mediation or a neutral professional can help solve problems. This stops conflict from getting worse.

Planning for success beyond the plan

A parenting plan is not set in stone. Your child’s needs and your career will change over time, so review and update the plan regularly. Thoughtful planning now can reduce stress, strengthen co-parenting and provide your child with a stable environment. A plan tailored to your lifestyle helps you manage work and home responsibilities with greater confidence.]]> On Behalf of McEvoy & Stuntz LLP <![CDATA[Are prenuptial agreements considered in a negotiated settlement?]]> https://www.mcevoystuntz.com/?p=47592 2025-12-11T10:22:41Z 2025-12-15T10:21:55Z What is a prenuptial agreement? A prenuptial or antenuptial agreement is a written contract couples sign before they marry. It usually says how to split property, whether one spouse will pay support to the other, and how future money gifts will be handled. Couples use these agreements to set clear rules about money and responsibilities and to help prevent fights later.

How do prenuptial agreements affect negotiated settlements?

A prenup can affect how couples settle money and property issues if the divorce. If both people agreed to specific terms in the prenup, those rules usually decide who keeps which assets and who pays which debts. Still, both should be willing to review the prenup and change it if needed. For example, if circumstances have changed significantly since the signing of the agreement, one party might feel that the original terms no longer apply fairly. In this case, both parties can negotiate a solution that works for everyone involved, even if it means modifying or updating parts of the agreement.

Enforcing a prenuptial agreement

While prenuptial agreements can help streamline the divorce process, they don’t automatically become enforceable. Parties must agree that the terms are still fair and reasonable. If one or both parties feel that the agreement is outdated or no longer relevant, they can bring this up when negotiating divorce settlements. Alternatively, one person may challenge the enforceability of the contract or specific terms in court. A prenuptial agreement provides a helpful starting point in a Massachusetts divorce. It offers clarity and structure, but it also allows for flexibility. Couples can use the prenuptial agreement to guide their settlement while remaining open to adjustments to make a challenging process a little easier.]]> On Behalf of McEvoy & Stuntz LLP <![CDATA[How forensic accounting can support your child custody case]]> https://www.mcevoystuntz.com/?p=47589 2025-10-10T09:34:39Z 2025-10-15T09:34:05Z Uncovering hidden income and assets that affect custody outcomes During the early stage of a divorce, court rules typically call for financial exchanges. You generally need to submit pay stubs, tax returns and health insurance details within 45 days. You can also request bank and investment statements under the same rule. A forensic accountant can then compare those records with banking, tax and business data to spot possible gaps or shifts. Through this process, you present a clearer picture of income and resources. The court may then have a stronger basis when it considers support or parenting time.

Analyzing financial evidence to clarify support and parenting costs

You may need to present documented figures for how you and your child are likely to live after the divorce, especially when parenting schedules can shift household expenses. A forensic accountant can examine and explain the main costs connected to your schedule and your child’s needs, including:
  • Housing and household expenses for each home
  • Childcare and school costs tied to your schedule
  • Travel and visitation expenses for both parents
By presenting these costs to the courts, you can show how your proposed custody arrangement fits your child’s needs and appears financially manageable. Judges also apply the state’s Child Support Guidelines when they set or adjust support, so documented figures help you respond to financial claims presented by your spouse.

Presenting credible findings to strengthen your case in court

You can build trust when you present organized financial exhibits and plain-language summaries prepared with the help of a forensic accountant. This type of evidence may include bank statements, tax returns, valuations or cost projections tied to your parenting schedule. When you submit documented figures in a clear format, you make it easier for a judge to understand your financial position. The court may also appoint an independent investigator called a guardian ad litem to review your child’s situation. This person can include financial information in their report along with other observations about your child’s welfare. If you want to move with your child, Massachusetts courts often apply a two-step “real advantage” test. Showing a good-faith reason for the move, along with verified costs, travel plans and support arrangements, can help the judge see how your proposal affects your child and the other parent.

Applying forensic accounting to strengthen your custody approach

Forensic accounting can support your preparation for a Massachusetts custody matter. Begin by gathering your financial records and consider working with a qualified forensic accountant to review income, assets and child-related costs. You may also coordinate these efforts with a lawyer so that legal strategy and financial analysis move together. Presenting this information in an organized format gives the court a clearer view of your financial situation and your ability to support your child.]]> On Behalf of McEvoy & Stuntz LLP <![CDATA[Parenting time schedules when a parent travels for work]]> https://www.mcevoystuntz.com/?p=47587 2025-09-11T09:05:31Z 2025-09-16T08:52:42Z When one parent frequently travels for work, creating a parenting time schedule is a uniquely complicated undertaking. Children benefit from consistency, but flexibility is often necessary when a parent’s job requires them to be away from home.  A thoughtful parenting plan can balance a child’s need for stability with a traveling parent’s desire to remain actively involved and a non-traveling parent’s need to live a life that doesn’t cater completely to their ex. By anticipating challenges and setting clear guidelines, families can minimize conflict and set expectations so that everyone can plan their futures accordingly. 

Setting a baseline, planning for contingencies and remaining reasonably flexible 

One of the most effective approaches for co-parents when one travels for work is to establish a regular schedule as a baseline, with built-in flexibility to adjust when travel arises. For example, the traveling parent may have parenting time on certain weekdays or weekends, but the schedule can shift if work obligations conflict. A parenting plan that allows for makeup time ensures that the traveling parent still has meaningful opportunities to spend time with their child without unduly disrupting the other parent’s routine. Another consideration that should generally be addressed is the concept of advance notice. Parenting plans can require a traveling parent to notify the other parent as soon as possible about upcoming trips. This can help with coordination of school activities, extracurriculars and childcare. Some parents agree to use a shared calendar or parenting app to document travel schedules, which can minimize misunderstandings and inspire a spirit of accountability. Flexibility on both sides, when reasonable and appropriate, is also generally important. The parent who remains local may shoulder more responsibility during travel periods, but they should also recognize the importance of accommodating makeup time so the traveling parent does not lose out on valuable contact. Likewise, the traveling parent must respect the child’s routine and the other parent’s time, making sure that makeup days or schedule changes do not cause unnecessary disruption. Ultimately, parenting time schedules for families with a traveling parent require creativity and cooperation. By combining structure with flexibility, setting reasonable expectations and committing to open communication, parents can create arrangements that support their children’s needs while honoring their own.  ]]> On Behalf of McEvoy & Stuntz LLP <![CDATA[What is separate property that people can protect during divorce?]]> https://www.mcevoystuntz.com/?p=47583 2025-08-14T07:24:58Z 2025-08-19T07:24:42Z Equitable distribution rules can make the property division process somewhat unpredictable unless spouses reach an agreement with one another or have a pre-existing marital contract to guide the asset distribution process. Thankfully, spouses may be able to protect some of their resources from division during divorce proceedings. If they can show that certain assets are separate property, they are not part of the pool of assets distributed by a judge or subject to negotiations between the spouses. What types of assets can spouses generally preserve as separate property when they divorce?

Premarital assets

Many people acquire valuable property before they get married. Houses, businesses and investments may potentially remain the separate property of the original owner, so long as they do not commingle those resources with marital property. People may also be able to protect any assets that they acquire after formally separating from their spouses as separate property.

Inheritances and gifts

Assets received from other people are often not subject to division during a divorce. Gifts from siblings, friends and parents may remain the separate property of the spouse who received those gifts. Inheritances are also typically the separate property of the heir or beneficiary who received assets from an estate. Commingling assets with the marital estate can be a concern in scenarios where people receive valuable gifts or inherit property. Spouses often need to go over financial records and ownership documents to validate their claims that certain assets are separate property as they prepare for divorce. While the courts may not divide their separate property, judges can consider the value of separate property during litigated equitable distribution proceedings. Learning more about state divorce statutes can be beneficial for those who believe their marriages are likely to end in the near future. Separate property can serve as a critical nest egg for those worried about rebuilding after a divorce. Spouses often need help identifying and properly protecting their separate property during a divorce, and that’s okay.]]>