Legal Question in Family Law in Massachusetts
MA divorce question: My husband and I have been married 7 years. We started a small spin-off division- of a business he started 30 years ago. New product and service that we started when we married tho- that's what my question pertains too. Sole proprietorship. He is an alcoholic and running business into the ground and sold some equipment- that will cut our services in half. He is trying to get out of paying alimony. I have relied on business income solely for ast two years. I closed my 15 yr established business 5 years ago to work with him and pursue another venture. Question is- do the courts just not care- and can he get away with his ever diminishing income? If this continues- i want to take over the business- and do the jobs with a crew (my son was his laborer for a few years). I will need him to help me with some aspects of some of this type of proposition. And i am dead serious. I took our vows serious. How can he just walk away with his mistress Ms Vodka?
3 Answers from Attorneys
You should contact a divorce attorney as soon as possible. You can seek to take over the business as you have worked in the business and the new division. However, being married only 7 years your will get alimony for only for limited number of years.
If your soon to be ex is depleting the assets of the marriage due to alcoholism you have some options,
If you do not have divorce counsel, I would be happy to refer you to one.
This is a complex issue that will require consulting with a quality divorce lawyer. And there is a lot on the line, so I would not wait any longer.
However, the short answer to your question is that the court has the discretion to attribute income to an individual who is underemployed and also penalize him on property division if he's dissipating assets with alcoholism.
You should meet with someone as soon as possible to come up with a concrete plan to address your issues.
Filing for divorce would grant and automatic stay-meaning that no assets or funds can be sold, removed or tampered with. I would speak with an attorney as to filing for divorce as soon as possible. If you have questions or want to speak about filing kindly contact my office.