Massachusetts Divorce Mediation FAQs

Not every divorce involves significant tax issues. Moreover, many mediation participants are capable of understanding basic tax issues, such as child tax credits, that can arise in a divorce. More challenging tax issues include the tax deductibility of alimony, transfers from retirement accounts using Qualified Domestic Relations Orders (QDROs), couples owing back taxes, 529 college savings accounts, how long divorcing spouses in Massachusetts can file “joint” tax returns, and tax issues concerning the marital home. It’s important to recognize that even the most tax-aware divorce mediator generally cannot provide specific tax advice to divorce participants. For this reason, it often makes sense for mediation participants to consult with an outside tax expert, either individually or together, before finalizing their divorce agreement. (Similarly, a tax-aware mediation coach can often assist a participant with specific tax issues.)

However, a tax-aware mediator can play and important role in spotting and avoiding tax issues that can arise in the divorce context, as well as drafting divorce agreement provisions that effectuate the tax goals articulated by the participants. For a more complete rundown on tax-aware mediation, check out Kim Keyes’ blog, Tax Reform and Divorce: Is Your Divorce Mediator Tax-Aware?

Alimony often presents challenges for divorcing couples, particularly after a long-term marriage. Like any other divorce issue, however, alimony is well suited to resolution through mediation. Before entering mediation, participants are encouraged to perform some basic research on how the amount and duration alimony are calculated in Massachusetts, or whichever state the divorce will take place in. Mediation often provides favorable pathways for alimony disputes by encouraging creative alimony solutions, such as full and partial alimony buyouts. For a more complete review of how alimony fits into divorce mediation, check out Kim Keyes’ blog, Divorce Mediation Keeps Alimony Focus on the Future.

In the context of divorce mediation, it’s important to recognize the four core divorce issues that may be present in your mediation: (1.) child custody and parenting time, (2.) child support, (3.) alimony and (4.) the division of assets. Some divorces feature a few additional issues, while many divorces include only one or two of the listed issues. Prior to entering mediation, participants should spend some time researching outcomes for divorce cases. For example, participants should make an effort to understand how child support and alimony are calculated in Massachusetts, and when courts order shared physical custody. With respect to assets, consider the length of the marriage and nature of the assets in question, such as the marital home. The best mediation negotiators enter the process with a set of clear goals, while remaining open to identifying the areas in which they are willing to make sacrifices, while updating and prioritizing their goals as the mediation process unfolds. For a detailed review of setting goals in divorce mediation, check out Nicole Levy’s blog, The Importance of Defining Your Goals Before Divorce Mediation.

One of the primary challenges for participants who enter mediation without an attorney is recognizing, articulating and negotiating legal issues. Mediation participants regularly seek out experienced divorce attorneys to mediate their divorce. Using an experienced attorney as a mediator is especially helpful when it comes to drafting a reliable Separation Agreement that reflects the intent of the participants in appropriate and enforceable terms. However, the mediator is not acting as an attorney for either participant and cannot provide legal advice during mediation sessions. Mediation coaches often fill in the gap on legal arguments by assisting clients in identifying and advocating their positions in the face of legal issues. For a rundown on how mediation coaches help with legal issues, check out Kim Keyes’ blog, How Basic Legal Arguments Can Help Non-Lawyers in Divorce Mediation.