Erisa Law And Divorce In Massachusetts
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FAQ
The Commonwealth of Massachusetts is not a 50/50 state. When a court is needed to rule on the allocation of assets, they are not necessarily divided equally between the two parties. While some states mandate a 50/50 split, Massachusetts is an equitable division state.
Under the law, only marital property may be divided. These are assets that were acquired by either spouse after the marriage, unless the asset was a gift of inheritance or expressly noted in a prenuptial agreement. Marital property includes wages earned, benefits and profit-sharing as well as debts that were created.
How Long Do I Have to Be Separated to Get a Divorce? In Massachusetts, there are no laws that require those seeking to dissolve their marriage to be separated for a specific period before filing.
In Massachusetts, a judge will divide marital property equitably (fairly), but not necessarily equally. "Marital property" includes any income, assets, and property acquired by either spouse during the marriage.
Unlike some states that adhere to a community property system, where assets are divided equally between divorcing spouses, Massachusetts follows the principle of equitable distribution. This means that the division of marital property is based on what is deemed “fair,” not necessarily equal.
Massachusetts recognizes both no-fault and fault-based grounds for divorce. No-fault divorce is typically the quickest route, as it doesn't require proving wrongdoing by either party. However, if you opt for a fault-based divorce, be prepared for a potentially longer process.
The 401k, retirement accounts, etc... will all be considered as part of the marital property and subject to equitible division. Inheritances (current or future) are going to be separate property, and thus not part of the marital property subject to division.
In Massachusetts, all property, including separate bank accounts, may be considered marital property and divided during a divorce.
You are entitled to whatever share of your ex-husband's pension the divorce decree awarded to you. If the divorce decree did not mention the pension, then you should consult an attorney; if the pension was earned during the marriage, you may have some rights to receive a share of it.
