Legal Question in Family Law in Massachusetts

Probably not. Your wife can't get any portion of your pension that accrued prior to marriage. However, there could be circumstances where she can get property division and alimony. One potential is that if she is disabled you may pay alimony. You should consult a lawyer to discuss your situation.

If both parties want a divorce, I recommend that you sit down with a divorce attorney who can assist you in the preparation of your uncontested divorce case. The answer to your question is probably not, but there are a number of factors that a judge would consider before making a determination. Feel free to contact our office if you would like a flat fee quote on preparing your divorce paperwork.

The answer depends on many factors and family court judges in Massachusetts are given a tremendous amount of discretion to decide on a case by case basis. The general concept is that anything acquired during your marriage is a marital asset subject to division regardless of whether it is in joint names or one spouse's name alone. In short term marriages such as yours, a judge could have each party exit the marriage with the assets each brought into the marriage and order that neither is responsible to the other financially, which could include coverage for health insurance. There are 18 different factors the court could consider, such as health of the parties, financial contribution and financial conduct. Of course, the shorter the marriage--the less complicated these factors should be.

RE alimony and health insurance: The Alimony Reform Act will go into effect on March 1, 2012. I suggest you go to my website for information on how short term marriages are addressed and your exposure to payment which would be limited to the 50% of the number of months you have been married. My website is www.mavrideslaw.com This calculation is based on the number of months from the date of marriage to the date the defendant is served with a complaint for divorce. Therefore, you would not want to delay filing the matter too long if you don't have an agreement. Clearly the best result for you would seem by agreement to divorce without any financial obligation to either. If you do have an agreement, it is important that it is written so that the matter has a final resolution and cannot be brought back in the future. You should consult a qualified attorney or mediator to ensure the agreement is properly written and executed. My office provides both of these services.