In Massachusetts, when a judge determines an equitable division of marital assets the judge is required to analyze a number of statutory factors, one of which is the opportunity of each party for the future acquisition of capital assets and income. Thereby, the opportunity of each party for future inheritance becomes relevant to this analysis.
Consequently, there is now a standard practice in divorce cases for each party to seek information regarding the estate of their spouse's parents, as it is relevant to their spouse's opportunity for future inheritance. In order to avoid a burdensome deposition of the in-laws, the requisite information is often provided is what is known as a "Vaughan Affidavit." In many instances, attorneys routinely ask the other party to provide his or her parent's Vaughan Affidavit and, if the other party refuses to do the same, the attorney will then serve a deposition subpoena duces tecum on those parents requiring them to bring to the deposition any and all documents regarding their assets and estate plan. However, if the spouse's parents reside outside of Massachusetts, the laws of that state may interfere with the ability to obtain said information.
The Vaughan Affidavit has become a useful tool in Massachusetts divorce cases, as it is a reasonable compromise between each party's right to discover information relative to the divorce, specifically the opportunity of the other for future inheritance, and the parents' right to privacy with respect to their assets and estate plan documents.
