Marital assets cut off day

[chiswick]

What is the name of your state (only U.S. law)? Massachusetts
Cutoff date for marital assets question. Soon too be hopefully ex wife spent 25k after being served with divorce papers on household items / small furniture items - after she was served with divorce papers. I was hoping she would be moving but it’s all in boxes in shed. I feel cutoff date should be day of filing and not end of divorce as my assets have increased in salary bonuses and 401k. Judge at pre-trial says her spending will come into play to be backed out. She also spent 3k on medical marijuana which the judge didn’t say much about. She left her job of 85k voluntarily and judge said she would lean on imputing alimony on her salary amount.

Isn’t there a bright line ruling for cutoff date in divorce? My attorney seemed to think so.

 

[Zigner]

Isn’t there a bright line ruling for cutoff date in divorce? My attorney seemed to think so.

Your attorney is the one to ask, not a bunch of ignorant internet users. Yes, we're ignorant of your matter, by definition.

 

[chiswick]

Ok no problem. Good answer.

 

[HRZ]

IT seems likely ke your STHX took a number of steps which may not pass the smell test , but more importantly the combination of moves probably invites the stink test...but the most likely important part was s to discuss it with your attorney .
He or she has probably seen these last minute games many times before .

 

[HRZ]

PS your other posts suggest you go over board to keep your hands clean..your other posts suggest STBX is welll on her way to problems with her views and actions ...no cute tricks... ...

 

[not2cleverRed]

PS your other posts suggest you go over board to keep your hands clean..your other posts suggest STBX is welll on her way to problems with her views and actions ...no cute tricks... ...

That's not the impression that I've been getting. Neither party is a saint here.

What is the name of your state (only U.S. law)? Massachusetts
Cutoff date for marital assets question. Soon too be hopefully ex wife spent 25k after being served with divorce papers on household items / small furniture items - after she was served with divorce papers. I was hoping she would be moving but it’s all in boxes in shed. I feel cutoff date should be day of filing and not end of divorce as my assets have increased in salary bonuses and 401k. Judge at pre-trial says her spending will come into play to be backed out. She also spent 3k on medical marijuana which the judge didn’t say much about. She left her job of 85k voluntarily and judge said she would lean on imputing alimony on her salary amount.

Isn’t there a bright line ruling for cutoff date in divorce? My attorney seemed to think so.

If the salary bonus is based on work prior to the "marital cut off day", some or all of it may still be considered a marital asset.

Remember in all your bitterness this: the point of filing for divorce is to get a divorce.

So, if making a point is going to cost you legal $, make sure that the legal cost is worth it.

You are so focused on "winning" that you may be shooting yourself in the foot.

 

[latigo]

What is the name of your state (only U.S. law)? Massachusetts
Cutoff date for marital assets question. Soon too be hopefully ex wife spent 25k after being served with divorce papers on household items / small furniture items - after she was served with divorce papers. I was hoping she would be moving but it’s all in boxes in shed. I feel cutoff date should be day of filing and not end of divorce as my assets have increased in salary bonuses and 401k. Judge at pre-trial says her spending will come into play to be backed out. She also spent 3k on medical marijuana which the judge didn’t say much about. She left her job of 85k voluntarily and judge said she would lean on imputing alimony on her salary amount.

Isn’t there a bright line ruling for cutoff date in divorce? My attorney seemed to think so. (?)

"Under Massachusetts law, 'the marital estate is typically determined as of the date of the divorce trial. '. (Meaning day one of the trial) However, the trial 'judge has the discretion to make that determination at another date when warranted by the circumstances of a particular case.'" See: Moriarty v. Stone, Mass. App. Ct 151 (1996) and Caffyn vs. Caffyn, 70 Mass. App. Ct. 37 (2007)

If your Massachusetts attorney is unaware of the above case law, then you should spend your money elsewhere.

 

[HRZ]

note. Elsewhere the STBX is trying to claw back some ( undefined by Op) some transfer of something relative to OPs childhood home a year or two prior to divorce even being filed as part of the marital estate .

ps ..I'd be real nervous about how she gave up her 80k job...unless it's clearly documented that she quit ...I just gotta bet that won't be the story at trial.

 

[HRZ]

OP , we have no clue what the divorce is all about...but reading your various posts , inc one as to your will, at least your posts suggest wife has been reading some supermarket guides about how to pick your bones clean ...and I hope you are planning for some broad battle plans ....I have no idea how the various ways to buy a conclusion might fly in your fact pattern ...that you discuss with counsel

 

[chiswick]

My wife was stressed out over her job and said once she got her ten years in she would quit. She said she would help with bills. I said that would be fine. After she. Reneged on that and transferred a joint account into her own name without my consent and put her son down as beneficiary. She later started accusing me of hiding money which I did not and then said I forged signature on her taxes. Taxes are all done with electronic signatures that are on file from the previous year!
Told the court at temporary orders hearing I demanded she quit her job!

 

[LdiJ]

My wife was stressed out over her job and said once she got her ten years in she would quit. She said she would help with bills. I said that would be fine. After she. Reneged on that and transferred a joint account into her own name without my consent and put her son down as beneficiary. She later started accusing me of hiding money which I did not and then said I forged signature on her taxes. Taxes are all done with electronic signatures that are on file from the previous year!
Told the court at temporary orders hearing I demanded she quit her job!

Just as an FYI, electronic signatures from the previous tax year are NOT acceptable as signatures for the current year. If a joint return is filed electronically, without a tax professional involved, then its necessary to get clear consent from both parties to file the return, EVERY year.

 

[CTU]

Just as an FYI, electronic signatures from the previous tax year are NOT acceptable as signatures for the current year. If a joint return is filed electronically, without a tax professional involved, then its necessary to get clear consent from both parties to file the return, EVERY year.

Yep yep yep! I was going to point that out but you got there before me.

 

[chiswick]

My tax professional CPA was involved. I do not do my own taxes.

 

[LdiJ]

My tax professional CPA was involved. I do not do my own taxes.

Then your tax professional behaved very unethically, and could lose his/her right to be a tax professional. A tax professional is required to get actual signatures from both parties.

 

[HRZ]

SOme suggestions o f points to review with counsel

THere may be a state rebuttable presumption of 50/50 ownership of joint accounts such as yours with wife and.

There may be a state presumption of making a gift by adding someone to a joint account as in adding her son.

Last I read, women are not the property of thier husbands in MA or under thier control as to working etc...how is it i guessed her tune in court would be different than as you first posted.

Your wife may have been planning ahead for some time

There is a freeze on asset picture upon filing / service of divorce but I no clue if this is addresses running up credit card or marital debt , but your attorney should.

IS it her son but not yours ?