Kajko, Weisman & Colasanti, LLP

Massachusetts And New Hampshire Law Blog

How do you handle high assets in a divorce?

In Massachusetts, residents like you who are divorcing your spouse will need to handle splitting your assets, too. The more assets you have, the more complex the potential legal issues related to them may become. We at Kajko, Weisman & Colasanti, LLP, are here to help you work through these possible hurdles.

High assets can make already complex situations even more complicated. In a divorce, there are many cases in which you or your spouse will end up having to split up your shared assets. This can include things like joint savings accounts or retirement funds. For many couples, this can be the source of heated arguments.

How should I ask my spouse for a divorce?

You may have been unhappy in your marriage for a long time, but it can be difficult to think about telling your spouse you want a divorce. You may be afraid of his or her potential reaction, or you could still care for your spouse and not want to hurt him or her. Breaking the news can be one of the most difficult things Massachusetts residents face.

The Huffington Post provides numerous tips you may consider when broaching the subject of a divorce with your spouse. They include the following:

  • Think about what to say before saying it, rather than blurting out that you want a divorce.
  • Avoid demanding a divorce in anger during an argument or using it as an idle threat.
  • Do not blindside your spouse by requesting a divorce too bluntly; rather, approach the topic calmly, kindly and tactfully.
  • If you are certain that divorce is the only option, do not give your spouse false hope that the marriage can be saved.

How do I settle a homeowners insurance dispute?

When your Massachusetts home sustains damage, you may expect your insurance company to cover the cost of repairs. Sometimes, though, your homeowners insurance may not offer the settlement you were expecting. In this situation, it is important to know what you can do. 

When you disagree with your insurance company, one option available to you is an appraisal. Nerd Wallet says that an appraiser representing you and one representing the insurance company would look over your house. If you choose to have an appraisal, it is important to remember that the insurance company may not offer a larger settlement. The point of this solution is to ascertain the full financial cost of the damage. Insurers may see the numbers and still offer the original settlement. 

Does your divorce have to be a dramatic affair?

Most people do not enter into their marriages with the idea that they will eventually get divorced. Still, marriages come to an end all the time, and you may now face this situation yourself. You have likely heard horror stories about the legal process involved with divorce, and some of your close friends or family may even encourage you to take your soon-to-be ex for all that he or she is worth.

You may have a different idea in mind as far as how you want to approach your case. Though revenge-seeking certainly comes up in numerous cases, if you do not want to follow that route -- which is a wise thought -- you can work toward a more amicable process.

What is the proper response to a sexual harassment claim?

If you experience sexual harassment in your Massachusetts's workplace, you should feel safe in the knowledge that your employer will deal with the issue in a swift and effective manner. Unfortunately, what should happen is not always what does happen.

The Society for Human Resource Management explains how your managers, supervisors and the human resource department should respond to claims of sexual harassment so you can know if your rights have been violated.

Court TV shows can confuse people about the real legal process

Like many other Massachusetts residents, you may enjoy watching daytime court television shows, such as The People's Court or Judge Judy. While we at the law offices of Kajko, Weisman & Colasanti, LLP, also find these shows entertaining, we know that they represent merely a slice of what actually goes on during the civil litigation process.

As Business Insider explains, many people are attracted to court TV shows because the litigants are often eccentric or seem highly volatile, and the cases tend to be on the outrageous side. However, if you are preparing to sue someone in small claims court or you find out that you are being taken to court, you should understand that the process is likely to be quite different than it is on television. The judges in these shows are legitimate judges, but they arbitrate the decisions, rather than have cases decided by a jury. The cases are also real, rather than made up for television as some people believe. Additionally, litigants do not have lawyers present, and the shows, rather than the losing parties, pay the settlements.

Creating a business succession plan for your family's sake

Few people see confronting their mortality as a pleasant prospect. For this reason, many put off writing their wills and other essential elements of estate planning. For business owners in Massachusetts and elsewhere, it can be devastating to surviving family members if there is no business succession plan in place to address the owner's unexpected death. It is important to include a concise business succession plan in one's estate planning.

Consider, for example, the young bakery owner who dies in a motor vehicle accident, leaving behind no business succession plan for her loved ones. Her spouse may want to continue the business, but can have difficulty picking up without any experience in the business or knowledge about financial account information, customer and supplier databases and so on. As Insurance Journal explains, the surviving family members who are trying to save the business may have difficulty convincing clients, employees and subcontractors that they can do the job. They may have additional problems if they lack the proper licensing for the business or do not have access to the company's social media passwords.

What does insurance bad faith entail?

Whether your home sustained roof damage in a storm or you were in a motor vehicle accident, you are likely to deal with insurance companies. Most people in Massachusetts and elsewhere will file an insurance claim at some point during their lifetime. Sometimes the process is simple and straightforward. However, in other cases, you may find yourself struggling with the insurance company at every step.

Most insurance companies, like other businesses, are competitive companies with financial interests. Their purpose is to compensate clients for damages, but they lose money if they pay out too much in claims. Therefore, insurance companies employ people who investigate the details of an accident or damaging incident and determine if a claimant should receive compensation, and if so, how much. You may find the investigation and approval process to go slowly, and it would not be unusual for your claim to be denied or for the insurance company to offer you less than you had hoped for.

How can you tackle a high asset divorce?

Massachusetts couples who plan on divorcing will certainly be facing hurdles along the way. However, as someone who is involved in a high asset divorce, you will face unique hurdles that others with a smaller net worth will not necessarily have to deal with.

FindLaw takes a look at three tips that can be used to help you tackle a high asset divorce. The first one is to keep track of all your assets, both individual and shared. The hardest part of a high asset divorce is the division of said assets. This is especially true if your assets have many different sources, such as businesses, stocks, retirement funds, or inheritance. One of the easiest ways to make things less difficult is to know exactly who owns what, how much each person has, and whether it is something that is to be divided, or something the individual can keep to themselves.

What to know about filing taxes after divorce

When your Massachusetts marriage ends, your life will change in countless ways, and while some of those changes will likely involve adjusting to new living or custody arrangements, others involve tax-related considerations. At Kajko, Wiseman & Colasanti, LLP, we are well-versed in the significant tax law changes that will impact you and others who divorce this year or moving forward, and we have helped many people navigate this and other hurdles that arise amid divorce.

According to Fox Business, one of the most notable tax law changes that will affect those who divorce this year and beyond involves alimony. Up until the start of 2019, any party that ended up paying his or her former spouse alimony could deduct the amount given from his or her taxable income, resulting in a nice tax benefit for anyone paying alimony.

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