Can I Protect My Pension From My Soon-to-be Ex?

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?

Can My Husband & I Just Agree How We’ll Divide Our Property?

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?

Does a legal separation freeze assets and debts at the time of filing?

The short answer is: NO There are big difference between divorce and "separation". MA does not have a provision for legal separation---only for Separate Support. Which means if you want to stay married but live apart, support orders can be entered which can include child custody and child support as well other provisions. However, the … Continue reading Does a legal separation freeze assets and debts at the time of filing?

My husband wants to separate. What do I do before he leaves to protect myself?

Massachusetts does not have a comprehensive system for legal separation. There is one statute relating to legal separation in Massachusetts: it is the “Separate Support” statute, Massachusetts General Laws, Chapter 209, Section 33. The statute only addresses the issue of SUPPORT in a Massachusetts legal separation, and does not address property division or other issues … Continue reading My husband wants to separate. What do I do before he leaves to protect myself?