Legal Question in Family Law in Massachusetts

divorce

I was married for 12 years, then left

my husband after filing a restraing

order. I have lived apart from him for

the last 14 years, then heard he had

proposed to the woman he is living

with. I then filed for divorce and am

seeking back alimony and part of his

retirement fund, which he stared

saving after I left him. The judge has

indicated I waited too long and

therefore am not entitled to these. Is

this true?


Asked on 12/08/07, 10:14 am

4 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: divorce

It is unclear what you mean by the judge indicated. You raise some complex matters that need clarification.

If you need assistance, contact me.

p.s. - are you represented by a lawyer?

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Answered on 12/08/07, 10:37 am
Gregory Lee Gregory P. Lee, Attorney at Law

Re: divorce

It appears to me that the judge has indicated that he or she has resolved the equities against you on the retirement. In essence, your question indicates that you were no part of helping him accrue his retirement. As to alimony, the ruling you describe again indicates that, as a matter of equity, you are not entitled, having made your own way for 14 years. This could reflect a collection of concepts, including laches ("sitting on your hands too long"), the length of your separation without alimony, and simple statutory limitations (normally, the date of service is the first date on which you can collect ongoing support).

Each divorce case is decided on its particular facts. The judge is usually deemed "correct" in his or her rulings of fact unless discretion has been abused. The law of property division and alimony both depend heavily on applying equity ("fairness") to the facts found, so an appellate court is must determine that the judge was plainly wrong in understanding the law and equity before overturning such a determination.

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Answered on 12/08/07, 11:26 am

Re: divorce

You are unlikely to get alimony for the last 14 years, since you have waited so long to seek support. As to his assets, that is a different story. But the judge appears to have waived the equities against you.

If you do not have an attorney you should get one immediately.

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Answered on 12/08/07, 12:40 pm
Michael Franklin Michael M. Franklin, Esq.

Re: divorce

The Judge has discretion over this matter.

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Answered on 12/12/07, 1:14 pm


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