Legal Question in Family Law in Massachusetts
alimony
My son and his wife are
separated. They are heavily in
debt which they are trying to
pay off. She knows I have some
money. What can I do so that
if they divorce she does not
get any of it? Thank you,
Evon
3 Answers from Attorneys
Re: alimony
I agree with the prior attorneys that there may be something more to the story.
If your son stands to inherit via will that is a mere expectany. However, if there is a trust in place she could be entitled to a portion of that trust. Also, if you have been supporting them all along and there is proof that your son does have access to your funds, the judge can consider this as part of his income! Beyond your son's interests in your estate and/or your consistent supporting of your son (possibly considered by the judge), she is not entitled to your income.
Sincerely, Maria Murber
Re: alimony
Your question seems twofold. First, unless there is some understanding that you would provide support, or a history of you having supported the couple, there is little chance that a court would find your son has a "source of income" from you. However, if you are looking to limit your asset exposure in other matters, you should be thinking of some basic estate planning. Without more details, I cannot give you better advice. Please feel free to contact my office.
Re: alimony
I agree with Raymond. You should do nothing to deposit funds or lend funds to your son directly or to any of his accounts. Promise nothing that could be interpreted that you have standby liability. From the question, something must have come up that raised this question. It would be helpful to find out what this is. If you have any questions, contact me.