Massachusetts has taken the position that ALL assets of the parties (individual and marital) are put on the table for distribution at time of divorce. Many states honor "separate property" doctrine at time of divorce--that is property the parties' owned before marriage or in their name only -- but Massachusetts does not. So, any pension … Continue reading Can I Protect My Pension From My Soon-to-be Ex?
Verbal agreements between the parties are totally unenforceable in law. You must memorialize an agreement in writing and file it with the appropriate court. Any Settlement Agreement between the parties is subject to approval of the court. In addition to certain statutory requirements, the Agreement must be "fair", not entered into under duress and each … Continue reading Can My Husband & I Just Agree How We’ll Divide Our Property?
Generally, inheritances are not subject to equitable distribution because, by law, inheritances are not considered marital property. Instead, inheritances are treated as separate property belonging to the person who received the inheritance, and therefore may not be divided between the parties in a divorce. However, state laws determine how an inheritance is treated in a … Continue reading How is an inheritance treated in a divorce?