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I have been married to my husband for 20 years, within that time he has worked for the state of Massachusetts and has a pension from his 30 years of working there. For the whole 20 years we were married, I was a homemaker and he was the breadwinner. Now that we are getting divorced, he’s trying to tell me that I’m not entitled to any of his pension because I never worked a day in my life. Is this true, I was a stay-at-home mom and took all the responsibilities of our family, do I really get left with nothing? What are my legal rights to his pension in a divorce?

ANSWER

Massachusetts state law is very clear, any pension received by one spouse during the time of the marriage is to be split 50-50 with the other spouse. This of course this something that you can agree on different terms in a divorce settlement agreement, but you’re entitled to half of the pension. They must remember this is half of the pension for the time that you were married, not the entire pension itself, as he worked for 30 years and you are only married for 20. You are entitled to 20 years worth of pension, not the entire 30 years, as you are not married the entire time. Also considering the length of your marriage and the fact that you are a stay-at-home mom, there will also be issues of you receiving alimony and also property or asset division. There are many circumstances and situations that an experienced divorce lawyer will be able to provide you. I also suggest you seek the advice of an experienced divorce lawyer, as most provide free consultations, just so you know what your rights are in divorce.
Joseph F. Botelho, Esq.

BOTELHO LAW GROUP
Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688

Email: jbotelho@botelholawgroup.com

https://www.botelholawgroup.com/

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