Legal Question in Family Law in Massachusetts
Divorce, Voluntary Impoverishment
I am in the process of a divorce. My husband has his own business; he does not want to pay me alimony or give me anything. He says he is ''broke,'' has stopped giving me any support, and recently ''gave away'' his Company to his girlfriend, a month before our pre-trial date. She stamps his eng. plans, and his excuse is that he ''needs her to stamp the plans.'' My lawyer has done nothing about this, even though separation papers forbid giving away assets. I am completely broke, working only part-time, have a heart condition and being treated for severe depression. what recourse do I have?
2 Answers from Attorneys
Re: Divorce, Voluntary Impoverishment
Your ex-husband is flagrantly perpetrating fraud on the Court by transferring his business interests to a third party in anticipation of or during a legal action. This will not go unnoticed by the Court.
Re: Divorce, Voluntary Impoverishment
You need a new lawyer. Please note that I offer sliding-scale fees for deserving cases.
The Court will see voluntary impoverishment, and will force Husband to repair matters. The transfer of the business is a fraudulent conveyance. THe court in equity can require its return, although it may be necessary to add girfriend to the case as a third-party defendant.
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