Legal Question in Family Law in Massachusetts
Divorce and Retirement funds
Me and my soon to be ex wife are filing for divorce. We agree on the divorce part however I do not want her to get ANY of my retirement money. She has filed personal bankrupcy w.o telling me. My name is on the title of the camper. Although she says she does not want it she listed it. She is not financially suavy ( she is also filing business bankrup) as 2 of her companys failed. In the state of massachusetts will I have to sue her to get my full retirement funds?
2 Answers from Attorneys
Divorce and Retirement funds
The allocation of retirement funds depends on either your agreement, or if you do not agree, and she pursues it, on what the judge decides in your particular case.
If you have a more specific question or need assistance in your matter contact me.
Re: Divorce and Retirement funds
Retirement funds accrued during the marriage are divisible assets. Your ex-wife's debts will not necessarily keep them from her. Indeed, it may militate toward creating the "cusion."
As to the camper, all assets in someone's name must be listed on a financial statement. Thus, this question is not clear. If she is demanding it, she may be doing this as a tactic.
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