Turco Legal, PC

The Massachusetts Supreme Judicial Court ("SJC") recently decided Openshaw v. Openshaw, a case that changes how we think about alimony specifically in regard to the need for support to accumulate savings. The issue in Openshaw was whether a probate and family judge was right to factor in a divorcing couple's practice of saving money during their marriage when he made an alimony award in the case. Under Massachusetts law, alimony is "the payment of support from a spouse, who has the ability to pay, to a spouse in need of support for a reasonable length of time, under a court order." The Massachusetts alimony statute in part provides that a judge must consider both the marital lifestyle of the parties and the ability of each party to maintain the marital lifestyle when determining the appropriate form of alimony, and the amount and duration of alimony in a case. But what constitutes the "marital lifestyle" in the context of a divorce and alimony case? For couples with sufficient income, we've traditionally considered dinners out, vacations, summer homes, choice of vehicles and other luxury goods, and the like as part of the "marital lifestyle." Openshaw, however, broadens this definition to include, when appropriate, regular contributions to savings. "[W]e conclude that where, as here, a married couple has an established practice of saving during the marriage," the SJC said, "a judge properly may consider such saving as a component of the couple's marital lifestyle in awarding alimony." Learn more: https://lnkd.in/ecV52SaD

Congratulations to the 2024 Newburyport High School mock trial team on an excellent year! The NHS team showed great skill and determination during this year's Massachusetts Bar Association Mock Trial Competition, ending the season with a winning record. Damian Turco was thrilled to be their attorney mentor, and he and the entire Turco Legal staff could not be prouder. Well done, NHS!

Attorney Melina Muñoz Turco was recently named an Excellence in the Law: 2024 Up & Coming Lawyer by Massachusetts Lawyers Weekly. Regarding this recognition, Susan Bocamazo, Esq., Mass. Lawyers Weekly's Managing Director, said: "Our Up & Coming Lawyers are our rising stars — Massachusetts attorneys who have been members of the bar for 10 years or less, but who have already distinguished themselves." Congratulations on this well-deserved honor, Melina! Learn more: https://lnkd.in/ey6BzAWx

We are pleased to announce that Amanda Gnau has been promoted to Senior Attorney at Turco Legal! Attorney Gnau joined Turco Legal in 2022 and has proven to be a strong, motivated advocate for her clients. Regarding Attorney Gnau's representation, a client of hers said, "[She] navigated proceedings with talent and professionalism and showed great empathy and kindness...Amanda is an absolute gem and a true asset." Learn more: https://lnkd.in/eZx7JENR

Congratulations to the Massachusetts Bar Foundation on a successful annual meeting! The MBF's efforts to increase access to justice are felt throughout Massachusetts and we are proud supporters.

Happy International Women's Day! Today, we celebrate the incredible achievements and contributions of women everywhere. And we send a special shout-out to the phenomenal women of Turco Legal. Your dedication, intelligence, and unwavering commitment to justice inspire us every day!

The valuation date for marital property can be a significant issue in a divorce because asset value is rarely static. Oftentimes, property appreciates after the separation or divorce process has commenced and before the divorce is final. When there are larger assets, such as real estate or business interests, the shifting of one or more such assets makes it more challenging for a marital estate to be divided equitably. What point in time should a judge use for valuation purposes when dividing the marital estate? Should the judge use the value of the marital estate at the time of the parties' separation or at the time of its division? Or should the judge use some time in between? Depending on the circumstances of a case, a probate and family judge has discretion in choosing the appropriate valuation date when dividing property in a divorce. The Massachusetts Appeals Court case Obara v. Ghoreishi, however, demonstrates how complex this can be. The case presents an unusual fact pattern involving a 2013 divorce judgment that divided real estate between the divorcing parties. The husband appealed the 2013 judgment, arguing that the judge made a mistake regarding property division. This appeal resulted not only in a new trial and the postdivorce redistribution of property in 2020 but also in a second appeal. The issue on appeal the second time around: the judge's choice of valuation date when redistributing the marital property. Learn more: https://lnkd.in/entNJXsU