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Is my iTunes Account a Marital Asset?

In Massachusetts, everything that either party to a divorce action owns or owes, regardless of whether it was acquired during the marriage or not, is subject to division in a divorce case. How it might be divided is a different question, but in order for that evaluation to happen, all assets and liabilities must first be disclosed. Massachusetts requires individuals involved in divorce cases to submit financial statements disclosing all of their assets and liabilities within 45 days of opening a divorce case. The assets to be listed on a financial statement are to include everything . This includes the most commonly thought of assets, such as physical assets (artwork, automobiles, jewelry, houses, etc.) and financial accounts (bank, investment, stock, retirement, etc.). This disclosure should also include items which you might not think about as assets. One example of an asset that many people don't typically think about is their frequent flyer miles, which was parodied in...

Why doesn't my agreement say [fill in the blank]?

I recently updated by iTunes software and saw the following warning: "You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design manufacture or production of missiles, or nuclear, chemical or biological weapons ." ( iTunes EULA: Section 10, Paragraph 8 ) Apparently, Apple is worried I am going to use my newest edition of iTunes to manufacture my own MIRV's. (There's an app for THAT?!) I suppose it's possible to figure out a way to launch a first strike from an iPhone (it can do practically everything else), but the likelihood of me trying, or even wanting to is, as we say, de minimus . A good lawyer will go to great lengths to make sure that his client is protected, but sometimes, we fail to distinguish between "what might possibly happen" and "what will probably happen". A good attorney should not try to insulate you from every abstract conting...