A common security mechanism for the payment of child support or alimony is through a life insurance policy. If all of the existing life insurance is to remain in place as security there is nothing else to do. But what happens when one of the parties has the right to create a life insurance trust for the benefit of the minor children as agreed upon in the separation agreement and fails to do so.
One asset in military divorce that is becoming a more frequent topic of discussion is the member spouse's benefits under the Post 9/11 GI Bill. This program provides up to 36 months of educational benefits, which may be used up to 15 years after the service member's discharge from active duty. If the service member meets the service requirements, this benefit may be transferred to a service member's spouse or children.
If you meet the Massachusetts divorce requirements, you may then proceed with filing for divorce. The divorce filing process depends on the type of divorce you are requesting.
In order to file for a divorce in Massachusetts residency requirements must be met for the court to accept the case. These residency requirements are, in part, dependent upon where the grounds for divorce took place. Grounds for the divorce simply means the reason for the divorce.
Military retirement benefits are not handled in the same manner as private pension plans, which are governed by ERISA (Employee Retirement Income Security Act). Dividing military benefits as part of a divorce case is not easy.
The question before the Supreme Judical Court in Bower v. Bourney-Bower, was whether a Probate and Family Court judge has the authority to appoint a parent coordinator. A parent coordinator can be an attorney or a professional with a background, education, experience and training in psychology and/or mental health who serves as a third party neutral.
No good parent wants to impart stress, anxiety and ill will in the hearts of the children especially during the holiday season.
Everyone knows that a divorce typically involves dividing your marital assets. In a military divorce those assets frequently include the service member's military benefits, such as the right to military retirement pay and healthcare for the children.