Legal Question in Family Law in Massachusetts
divorce
I have a state disability pension, and my question, is my exwife entitled to half or any portion of this disability even though she is an able body that can work. I'm unable to work or my pension decreases by the amount of income that I make.
1 Answer from Attorneys
Re: divorce
Your disability pension is an income stream which is theoretically subject to an alimony determination. However, alimony is determined by a list of questions which the court must answer -- and yet, there is not a mathematical "answer." The court makes a discretionary determination. Length of the marriage is generally accorded great weight, as are ages of the parties, ability to earn income, skills, etc.
You should consult an attorney in your area, and in-office, and give the attorney a better understanding of the facts. Only with that can the attorney give you an "educated guess" as to possible outcomes.