Monday, October 27, 2014

What Does It Mean To Be "Fair" During A Divorce?

The other day a client called looking for a referral to a divorce attorney.  She and her spouse had agreed on distribution of their assets and liabilities and she was concerned if their agreement was "equitable" as defined by Massachusetts law.

It took a while for her to understand that, within reason, an equitable distribution was in the eyes of the beholder and very specific to her and her spouse's situation rather than something for which she needed to get a legal opinion.

In this excellent blog posting, Ben Stich writes how trying to make equal decisions in marriages and divorces is possible but probably won’t get couples what they need.  Instead, while trying to make fair and reasonable decisions in marriages and divorces might be harder, it will improve communication, decrease resentment, and far more likely give both parties what they need.

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