Family Law Attorney Jolee Vacchi Answers: What is Considered "Property" in a Divorce?

08/02/24 • 9 min

8 Listeners

In this episode, we talk to Jolee Vacchi, family law attorney and founder of Foundations Family Law & Mediation Center. We dive into the complexities of property division during a divorce, exploring how assets and liabilities are distributed between separating spouses. Property in a divorce context encompasses everything from real estate and personal belongings to financial assets like bank accounts, investments, and retirement funds.

We also discuss how debts are factored into this process, ensuring listeners understand that liabilities are divided alongside assets. Jolee clarifies what constitutes marital property—assets acquired during the marriage—and distinguish it from separate property, which includes items owned before marriage or received individually as gifts or inheritances.

We also examine the concept of equitable distribution, a legal principle used in many states to ensure a fair division of marital property. Unlike equal distribution, equitable distribution doesn't always mean a 50/50 split; instead, it considers factors like each spouse’s financial and non-financial contributions to the marriage, the duration of the marriage, and each party's economic circumstances post-divorce. We explain how courts interpret "equitable" and what it means for divorcing couples who must negotiate these terms.

Foundations Family Law & Mediation Center is a boutique family law practice based in Worcester County, Massachusetts. We strive to resolve family law conflicts as painlessly and peacefully as possible. Our approach is caring and dignified. While not afraid to utilize strong tactics if needed, the preferred method is respectful and amicable, especially when children are involved. We firmly believe that something beautiful can be made from something broken, and we will be with you every step of the way to help you build a solid foundation for the future you deserve. A future filled with freedom, stability, and peace of mind.

You can find more information about Jolee Vacchi here: https://www.freshstartsregistry.com/resourceguide/foundations-family-law-mediation-center

You can find more information about Jolee Vacchi here: https://www.freshstartsregistry.com/resourceguide/foundations-family-law-mediation-center

Previous Episode

How to: Prevent and Heal Burnout During Divorce with Therapist and Burnout coach Abbey Sangmeister

8 Recommendations

On this episode of Divorce Happens we sit down with burnout coach and therapist Abbey Sangmeister to delve into the critical topic of preventing and healing burnout during the emotionally taxing process of divorce. Abbey brings her expertise in mental health and burnout recovery to provide listeners with practical strategies for managing stress, maintaining emotional well-being, and fostering resilience during one of life's most challenging transitions.

Episode Highlights:

Understanding Burnout in Divorce: Abbey explains how the unique stresses of divorce can lead to burnout, characterized by emotional exhaustion, reduced performance, and depersonalization.
Signs and Symptoms: Learn to identify the early warning signs of burnout during divorce, including chronic fatigue, irritability, and feelings of hopelessness, and understand why it's crucial to address them promptly.
Preventive Strategies: Discover proactive measures to prevent burnout during divorce, such as setting healthy boundaries, prioritizing self-care, and seeking professional support when needed. Abbey emphasizes the importance of maintaining routines, staying physically active, and connecting with supportive friends and family.
Healing from Burnout: For those already experiencing burnout, Abbey provides a roadmap to recovery. She discusses the value of mindfulness practices, therapeutic interventions, and gradually reintroducing joy and relaxation into your life.
Practical Tips for Daily Life: Gain actionable advice on how to manage daily responsibilities without feeling overwhelmed. Abbey shares techniques for time management, delegation, and developing a positive mindset.

By the end of this episode, listeners will have a comprehensive understanding of how to prevent and heal from burnout during the divorce process. Abbey Sangmeister’s compassionate and practical advice is essential for anyone navigating this difficult period. Tune in to gain valuable insights and take the first step towards a healthier, more balanced life post-divorce.

Make sure to subscribe to Divorce Happens and leave us a review to help others find our podcast and benefit from the valuable insights shared by experts like Abbey Sangmeister. For more information and resources, visit our website: https://www.freshstartsregistry.com/divorce-happens

Next Episode

How to: Tell Your Kids About Your Divorce with Therapist Oona Metz

8 Recommendations

In this insightful episode, we tackle one of the most challenging conversations a parent can face during a divorce: telling your children. Therapist Oona Metz joins us to share expert advice on how to approach this delicate subject with honesty and sensitivity. Oona emphasizes the importance of being both vulnerable and resilient, modeling these qualities for your children. She explains that while every parent wants to protect their kids, it is crucial to communicate honestly about family changes, providing a balance between acknowledging sadness and reassuring them that the family will navigate through this together. Oona advises that the timing of the conversation should be considered carefully, with older children being told sooner due to their ability to sense household tension, while much younger children should be informed closer to any major changes, like a parent moving out.

Oona also stresses the importance of using a calm, unified approach when delivering the news. Ideally, both parents should work together to create a set of agreed-upon statements to guide the conversation, ensuring consistency and avoiding potential conflicts in front of the children. For parents who must deliver the news alone, Oona reassures that it is better to have one thoughtful, composed parent communicate the message than two parents who disagree. The first conversation should be kept brief and focus on the decision to separate, using the term "separation" initially to introduce the concept of divorce gently. While avoiding intricate details about the reasons for the separation, it’s crucial to offer a simple explanation like “We haven’t been getting along” and reassure your children that efforts were made to resolve issues. Emphasize that while some aspects of their lives might change, your love and commitment to them remain constant. Finally, encourage your children to express their feelings and assure them that they can approach you with any questions or concerns as everyone adjusts to the new family dynamics.

Learn more about Oona Metz: https://www.freshstartsregistry.com/resourceguide/oona-metz-licsw