Social Security and Military Benefits can be divided at divorce

Federal government benefits – such as from Social Security or the military – have their own rules, and those rules usually trump state law. So sometimes it’s unclear whether a state divorce court can divide up a federal payment. However, in several recent cases, it was determined that federal payments could be split at divorce. A military retiree’s health insurance benefits can be split at divorce, the Alaska Supreme Court decided. That’s because of a federal law called the Uniformed Continue Reading

What are the most commonly used fault grounds for divorce in Mass?

The most common fault ground for divorce in Massachusetts is Cruel and Abusive Treatment. You need to show that something your spouse knowingly did or didn’t do caused you harm or upset. Acts of physical abuse are cruel and abusive treatment. Sometimes certain forms of mental cruelty may be enough. You have to show it caused you physical harm, for example, your spouse’s drinking and staying out all night caused you headaches and stomach problems. Another common fault is Desertion. Continue Reading

What is a “no fault” divorce in Massachusetts?

A “no fault” divorce in Massachusetts is a divorce in which the marriage is broken beyond repair but where neither spouse blames the other. In Massachusetts, the no fault divorce grounds is called “Irretrievable Breakdown of Marriage.” There are two kinds of “irretrievable breakdown” divorces. They are often referred to as “1A’ and “1B”, referring to the section of the law under which they are found, Massachusetts General Laws Chapter 208, sections 1A and1B. Continue Reading