Legal Question in Family Law in Massachusetts

Divorce

How can one have their teachers pension taken in a divorce when their are no deliquencies or judgements?


Asked on 12/18/07, 5:21 pm

2 Answers from Attorneys
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Divorce

The Court has the right to equitably divide marital property. A pension earned during the course of the marriage is marital property. No "delinquency" in any other area (e.g., child support) is necessary.

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Answered on 12/18/07, 8:47 pm
Michael Franklin Michael M. Franklin, Esq.

Re: Divorce

Any property acquired during a a marriage is subject to division. This does not necessarily mean that it will be divided. A judge has discretion how the marital estate will be divided according to factors laid out under Mass. gen. Laws. Chapt. 208 Section 34.

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Answered on 12/20/07, 4:31 pm


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