Legal Question in Family Law in Massachusetts
Pension and Annunity
What were the laws of pension and annunity 21 years ago. Exwife trying to sue for this after divorce was final 21 years ago. Subject was not address by her attoney at the time or end of the divorce. There is no mention of this item in the divorce papers even though it had no monetary value. Have heard that because of this the item is just hanging in the breeze. Husband did not have attorney representation and his financial statement was filled out by wife's attorney put zero in the retirement portion. This financial statement is the same day as the court appearance Attorney is now dead. Is there a statue of limitation on this? Can he be liable for something that wasn't done correctly 21 years ago?
2 Answers from Attorneys
Re: Pension and Annunity
If he chose to let ex spouse's attorney fill in his financial statement he is most certainly responsible since he signed and filed it under pains of perjury. He Should now retain a MA attorney to advise as to how to best rectify this now! Good Luck!
Re: Pension and Annunity
Order of distribution of marital assets is made once and only once.
It might be overturned for fraud, duress, ...
Is the wife's now-deceased atty's signature anywhere on the form?
Was your wife aware that you had a retirement account? If so, why did she not say something 21 y years ago?
Laches might also be a defense available to you.
Do you have any writings to prove your position?
Advice: Go to a local family-law atty and mention the obove musings to him or her.
Good luck.
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