Legal Question in Family Law in Massachusetts

Re: Is Mom entitled to part of Father's retirement after over 20 yrs of marriage

Unfortunately, if nothing was included in the Divorce, and other similiar or related documents; and nothing is included in the Retirement documents, then your mother is probably not entitled to receive any portiion of his retirement benefits.

Of course if the Divorce was not actually finalized, and "Entered;" or there was some technical defect in the divorce process, rendering it voidable, then it could be argued that she's entitled to what she should have received, but for the error or omission.

Please note, the law re spouses and retirement benefits was somewhat different 18 & 20 years ago.

And, the law is not applied retroactively.

Good luck,

Phroska L. McAlister,ESQ