Legal Question in Family Law in Massachusetts

Re: Family Law

If you are married, you will be entitled to an quitable distribution of marital assets. MA does not recognize common law marriage.

As to alimony, that is based on factual issues including the spouse ability to earn a living and the current earnings of the husband.

I would suggest you contact an attorney to discuss your rights with respect to a divorce.

Re: Family Law

Massachusetts does not recognize Common Law Marriage, Palimony, or any other theory under which a partner can demand post-relationship support if the parties were not married. She is not a wife, nor he a husband, so neither can seek the benefits of c. 208, s. 1 et seq. (our divorce statute). The Supreme Judicial Court has been very clear on this point, stating that it would not create palimony rights in the early 1990's.

The parties may have rights to make some claims for property relief under contract-like theories of equity, but this is not by any means guaranteed. Equity is highly factual. IN general, the claims will be for "unjust enrichment" if both parties financially contributed, but property was not held in joint title.

I would be happy to consult further.

Re: Family Law

I have read this question as stating that the man and woman are not married. If they are not married, there is no alimony, nor palimony in Massachusetts. If unmarried, there is no single remedy at law or equity, nor any presumption of equitable distribution of the assets. In essence, if you did not sign the contract with an "I do" in a proper ceremonial marriage with sufficient witnesses, you are not married.

You may have rights to property held in only the other party's name if you can demonstrate that you contributed, and that the other party would receive unjust enrichment if you do not receive a distribution. However, this is not a forgone conclusion, and you face a difficult litigation.

Re: Family Law

a wife is a legal term, and if she is not married, then no alimony. If she is the wife, then various factors go into property division. as to spousal support, most of the time with a relationship this brief = no alimony.