Legal Question in Family Law in Massachusetts

Re: splitting assets

You are correct that your 401(k) plan should receive special treatment. The presumption under the law is that there is an equal interest in all assets gained during the marriage, accordingly, there are only 5 years worth of contributions and respecctive gains that should be looked at as marital property.

Similarly, you have an interest in your spouse's retirement/pension/401(k) plans as well, and should consider that interest as well. It may well be that you both decide not to touch each others retirement accounts because of the short duration of your marriage and the respective offsets involved.

Please feel free to call or e-mail me with any questions you may have. 978-250-4255, we are located in Chelmsford.