Legal Question in Family Law in Massachusetts
divorce/pension
I have been separated for 4 years. I had filed my financial statement 3x & my husband had refused, I didnt pursue or file contempt, thought I would wait but sadly my attorney passed away during this time. I am now filing my own divorce papers. My attorney had told me to ask for a portion of his pension and I want to know if the time you are separated is considered as years being married? I dont know what I am entitled to as far as his pension & no longer have an attorney & cannot afford another one. Thank you
2 Answers from Attorneys
Re: divorce/pension
There is no per se rule in regard to how much of the pension you would be entitled to. Some judges may not count "separated" time the same. It is up to the court to balance all the facts and divide the property as he or she sees fit. You should attempt to get an attorney. Some attorneys, during these financial times, may offer you a reduced flat rate.
Re: divorce/pension
If you're really below a certain income level, you can try to get free legal aid. Or called the Massachusetts Bar Association's Lawyer Referral Service and ask for pro bono or reduced fee attorneys.
You're going to need help splitting the pension.
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