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6/11/2013 23:11
by mall |
My wife wants to keep the house but she is on disability and what she makes monthly will barely pay the mortga....
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6/11/2013 15:24
by trulystuck |
We are not happy with the way our painting contractor is doing the work.
he insist the the work is done right....
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6/10/2013 14:02
by hagit |
I have a lease that ends on July 31 that specified that the tenants must give 60 days notice to renew or move ....
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6/10/2013 12:02
by renterfornotmuchlonger |
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I can see that point of view. Is that because my dog (and hence I) wa....
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6/8/2013 03:17
by Pou |
The company I use to work for had only been recently paying overtime pay. For a long time I wasn't even going ....
You should speak with a Massachusetts Wage & Hour attorney. A Massachu....
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6/7/2013 22:26
by rainperimeter |
Can an executor sell or transfer property from an estate without having all beneficiaries of the estate sign o....
Unfortunately, we have reached a critical point in this matter.
It'....
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6/6/2013 13:30
by executor428 |
I'm single mother of a child with autism, and I'm not happy with my district's educational plan for my son. ....
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6/3/2013 08:04
by Angrymom2 |
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5/27/2013 20:56
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Hi. Hopefully someone can give me some good information because I'm finding this all confusing. I was workin....
Yes, In Massachusetts, the attorney who handles your workers compensat....
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5/21/2013 10:30
by Timer88 |
If I am co-owner of our 2 family home and have agreed to pay the entire mortgage as part of the divorce settle....
Dear Fool-in-love: The divorce settlement requires you to pay the full....
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1/29/2013 20:41
by Fool-for-love |
Several of my colleagues will dictate consultation notes in which they state they don't have the complete hist....
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10/2/2011 18:37
by Anonymous |
Editor's Response
Massachusetts law defines marital property broadly, and your 401k retirement account is likely a marital asset, to the extent it accrued during your marriage. Although retirement accounts are safe from most types of creditors, they can be used for alimony and/or child support. Talk to your attorney about your specific situation.
Even if your 401 is marital property, however, that does not necessarily mean that your husband will get half or any part of it. Massachusetts General Laws Chapter 208, Section 34 envisions an equitable (not necessarily equal) division of marital assets. There are no set guidelines that judges must follow when awarding assets to the individual parties. Under Section 34, the court will consider such factors as:
The length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income.
Good luck, and for more information, follow this link to our post about 401 K plans and divorce in Massachusetts.