IN THIS NEWSLETTER:

• WHAT'S NEW?

• NEW CASE SUMMARY: American Family Life Assur. Co. of Columbus v. Parker, 488 Mass. 801 (2022).

• MINDFULNESS MATTERS: Vacation

On June 2, 2022, Cindy Chaired a presentation for the Massachusetts Bar Association entitled, “Best Practices for Mediators Drafting Agreements After Reid v. Kroll”. The panel included: Hon. Edward G. Boyle; Hon. Gregory Roach (Ret.) and Attorneys Beth Aarons and William Bogaert. The panelist discussed what factors mediators should consider when drafting separation agreements following the November 2021 decision, and also best practices for mediators moving forward.

On June 23, 2022, Cindy spoke at the Rhode Island Bar Association Annual Meeting regarding Limited Assistance Representation. Cindy addressed how Limited Scope Representation not only helps build one’s family law practice, it also can help litigants who can’t afford to hire an attorney to represent them for an entire case.

You are getting divorced: Should you mediate, collaborate, or litigate? – Quarterly Zoom Presentation: On August 17, 2022, from noon to 1:00 p.m., Cindy and Attorney Shannon Barnes, who is Of Counsel to Peridot Family Law, will co-host a Zoom seminar. This program will help you explore the differences between mediation, collaborative, and litigation processes so attendees can determine their best path forward.

To join this free Zoom Webinar at 12 pm ET on August 17, 2022, please click the following link: Click Here to Register

This May, Attorney Shannon Barnes joined Peridot Family Law LLC, Of Counsel. Shannon will continue her practice in Domestic Relations with a focus on Litigation Strategy and Limited Assistance Representation, Mediation, and Collaborative Law. Shannon has over two decades experience in practicing divorce and family law as well as extensive experience in divorce negotiation and litigation. She is also highly experienced in handling post-divorce and other family law matters. In addition to her mediation, collaborative law, and litigation practice, Shannon also serves as a Probate and Family Court Guardian Ad Litem and court connected conciliator.

Shannon serves on the Board of Directors for Northeast Legal Aid with offices in Lawrence, Lynn, and Lowell, and on the Board of Managers for Northeast Justice Center serving Essex and Middlesex County. She is a past board member for North Shore Community Mediation Center and, in addition to her private mediation practice, she currently serves on their panel of family law mediators.

This summer, Emily joined Peridot Family Law LLC as a legal intern. She graduated from the University of Massachusetts, Amherst with a bachelor’s degree in history, and currently attends Suffolk University Law School as a rising 2L student. Emily is currently a member of the National Women’s Law Student Association as well as the First Generation Law Students Association.

This summer Jess graduated from New England Law | Boston while serving as the Student Director of the Women’s and Children’s Advocacy Project and sitting on the Student Advisory Board of Legal Squirrel. This summer she will be taking the Massachusetts Bar Exam. Best wishes, Jess!

This summer, Sarah is interning at the New York City Department of Social Services in the Support and Lien Recovery unit. Sarah assists Social Service attorneys by providing legal research and other support for child welfare cases throughout all five boroughs.

C.J. Lori is an experienced oil painter whose compositions allow others to perceive the natural world through her eyes as she explores the relationship between the environment and humanity. Her work reflects her interest in literature, anthropology, and psychology, as well as an abiding fascination with the natural world. C.J. often exaggerates or distorts color, form, and composition to emphasize sensations that are often contradictory: clarity and mystery, excitement and sorrow, beauty and decay.

 C.J. works with tiny brushes for fine detail, and she uses intricacy to “celebrate the splendor that surrounds us while acknowledging its inevitable ruin.” Based in Brookline, Massachusetts, C.J. has exhibited her paintings throughout New England and in New York and Chicago. She had several solo exhibitions at Galatea Fine Art in Boston, work at the Danforth Museum in Framingham, and she won first prize in Paint!, a national exhibition juried by artist Gerry Bergstein at the South Shore Arts Center.

 C.J. served as Vice-President of the National Women’s Caucus for Art, President of their Boston Chapter, and was Exhibitions Chair and Vice President at Galatea Fine Art in Boston from 2017-2020. In her free time, she enjoys reading, traveling, watching professional football, and hiking in the woods or by the sea.

A case in which the Massachusetts Supreme Judicial Court held that an ex-wife could not be the beneficiary under her deceased ex-husband’s life insurance policy.

In American Family Life Assur. Co. of Columbus v. Parker, the Husband purchased a life insurance policy naming his then Wife as the primary beneficiary and his mother as the sole alternative beneficiary. The Husband and Wife divorced and several years later the Husband passed away. The policy did not mention the effect of a divorce on the Husband’s beneficiary designation. The Wife argued that the Husband’s life insurance policy should be designated to her despite his passing after their divorce. See American, 488 Mass. 801, 802, 178 N.E.3d 859, 861 (2022). According to the Wife, the Husband lost his job shortly after taking out the policy and she began paying the premiums out of her “sole account” at his direction. The parties divorced in 2016 and did so Pro-Se. The Agreement was silent regarding life insurance. The Husband instructed the Wife to continue to make payments on the policy, which she did. The Husband died in 2018 and the Wife filed a “Proof of Death” with the Insurer. The Insurer denied the claim. The Insurer filed an action in 2019 asking the Court to decide the matter.

The Wife argued that Section 2-804(b) of the Massachusetts Uniform Probate Code did not cover life-insurance policies or beneficiary designations, and that she should be able to recover. However, the Court held this was incorrect because of the plain language found in Section 2-804(b), which states that life-insurance and beneficiary designations are included. American, 488 Mass. 801, 806, 178 N.E.3d 859, 864 (2022).

The Supreme Judicial Court found that Section 2-804 of the Massachusetts Probate Code does apply retroactively to revocable appointments of property made to a former spouse, and that this section of the code was created partially to protect individuals who entered into beneficiary programs while married and later become divorced, specifically when they forgot, or were unaware of the requirements of Section 2-804 to modify their beneficiaries.

The SJC held that because the parties’ Separation Agreement states in unequivocal terms that, “The parties have included in this Agreement their entire understanding. No spoken or written statement outside this Agreement was relied on by either party in signing this Agreement.” The Court further stated that, “The Husband and Wife…already divided between themselves all their personal property and they are satisfied that the division was fair” American, 488 Mass. 801 (2022).

There was nothing in the written documents that contractually provided for the Wife to continue as the beneficiary of Husband’s insurance policy. In addition, because Husband and Wife were divorced, their divorce judgment controlled the division of property.

Therefore, the Court held that because Section 2-804 applied retroactively, the Wife was not entitled to the beneficiary designation as she was unable to show that the insurance policy expressly provided that such designation would survive divorce. American, 488 Mass. 801, 814, 178 N.E.3d 859, 870 (2022).

If you have any questions about life insurance benefits post divorce, please give us a call.

By Attorney Cindy Runge

Recently, I saw a funny meme that showed two different out-of-office emails. One was from someone in Europe that said, “I’m away camping for the summer. Please email back in September.” The next one was an American out-of-office response which said, “I have left the office for two hours to undergo kidney surgery, but you can reach me on my cell anytime.”

Sadly, I laughed recognizing that somehow this is the standard against which we measure ourselves. Why is there an expectation that we should be available 24/7? This got me thinking about how I handle my own time off. According to dictionary.com, “a vacation is: a period of suspension of work, study, or other activity, usually used for rest, recreation, or travel; recess or holiday”. The reality is that if we don’t allow ourselves sufficient time to rest and rejuvenate, we can’t be at our best for ourselves or others. We all need rest/vacations, whether it is a staycation, or somewhere far, far away. We all need rest if we are to remain healthy, maintain perspective, and live our own lives.

Recently, I went on a vacation. As has been my norm, I took my computer with me, figuring I could do a little work in the morning before anyone was up, just to stay on top of things. It was my teenager who informed me (and made me realize) that my practice of so doing, was not a vacation at all. I have promised that henceforth – all future vacations will be computer free. I must admit, it is scary to completely unplug for a period, especially in a profession where we are constantly receiving information. However, I realize there are huge benefits to letting go of my computer, even if only for a little while.

Are you willing to re-think the way you have experienced your vacations? What are the possibilities if you do? We’d love to hear your experiences!