dianec said:
I have been married for just over 11 years. The last 4 being difficult with divorce being mentioned but not pursued.. My husband will be loosing his job in July and will be recieving a compensation package. Its worth being approx. 60,000. He told me today, he will be looking into mediation and he wishes to pursue divorce. My question is, will i be entitled to any part of this compensation package.I believe this has a great deal to do with his sudden rush to disolve the marriage. I live in Massachusetts. Thank you
My response:
Massachusetts is a "Separate Property" State, where the property rights of married people are governed by the "common law" of property. In general, this means that during the marriage and at death, ownership is determined by who acquired the property and/or whose name is on it.
Therefore, the liklihood of you getting your hands on any of the "package" are slim and none.
However, you may in fact be entitled to a certain amount of Alimony or Spousal Support based upon the length of your marriage and you education; e.g., your ability to earn a living wage.
See a Family Law attorney in your neck of the woods. Most will give you a free initial consultation. That way, you'll know exactly what your rights are, and what you can expect, or not expect.
If you had lived in a Community Property State, such as California or Nevada or one of the other 9 such States, you would have automatically been entitled to half of anything he gets from his job. So, next time (if there is a next time), make sure you either have a pre-nuptual agreement or you get married and live in a Community Property State.
Good luck to you.
IAAL
[Edited by I AM ALWAYS LIABLE on 04-02-2001 at 12:17 AM]
