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#772358 - 08/15/16 03:06 PM First time in
bass Offline

recently joined

Registered: 08/15/16
Posts: 1
I live in Massachusetts. Male. 67 years old. Spouse 63 years old. Own a home for 26 years married only 15 to a foreign person who has now achieved citizenship. I have a home, small pension, 401K, Annuity and an investment account. My spouse has never held a full time job and all benefits like medical come from me. Her salary capabilities do not allow her to support herself. What can I expect in divorce. My estate if even divided in half will not support me.

#772359 - 08/15/16 03:19 PM Re: First time in [Re: bass]
TJMH Offline


Registered: 07/17/15
Posts: 349
If you owned the house free and clear before the marriage it's probably yours. If you paid mortgage, significant maintenance or improvements while married then it's probably marital property and the value will be divided. Other property and pensions will probably be divided roughly in half, although if there are portions of the pension that were earned prior to marriage you might get those considered as separate property. Assuming that you're retired, I'm not sure what the implications for spousal support would be--she may be able to apply Social Security based on your benefits rather than her own employment history, and if she's a citizen she should be eligible for Medicare in a couple of years.

Probably best to talk to a lawyer who knows Massachusetts law. And if things are amicable right now and the marriage is not unbearable, it might work better (at least for her) to put the divorce on hold until she gets to 65--a lot of issues would go away at that point.

#772360 - 08/15/16 07:01 PM Re: First time in [Re: bass]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 869
House: if you added her to the home's deed, it's 50/50. Otherwise, you owe her about 29% of it's present value.

Pension: you would owe 15 divided by your total years earning that pension as a percentage. Same goes for other investments, as long as they are only in your name. Your wife would be able to get social security = to 1/2 what you get at age 65, with no penalty to you. Your amount will remain the same.

You have far too many variables to give exact answers. I highly recommend you see an attorney who knows MA law and they can tell you exactly what to expect.


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