I am frequently asked, "Can I take money out of my 401K before/during my Massachusetts divorce?"
The new Blended Retirement System (BRS) created under the 2016 Nation Defense Authorization Act is a retirement system that blends the traditional legacy retirement pension with a defined contribution to Service members' Thrift Savings Plan account. This new Blended Retirement System goes into effect on January 1, 2018.
How would you describe your Massachusetts marriage? If you are currently considering a Massachusetts military divorce, you might say "it's complicated." When one spouse is receiving military disability pay, you might think this makes the divorce process complicated as well. It can be difficult to understand how military disability pay factors into your divorce. However, by obtaining basic information about the division of disability pay, you may be able to eliminate the phrase "it's complicated" from your divorce vocabulary.
The Massachusetts alimony reform statute states that "alimony awards which exceed the durational limits established shall be modified upon a complaint for modification without additional material change of circumstance, unless the court finds that deviation from the durational limits is warranted." The court must then look to whether deviation is "required in the interests of justice."
Depending on the nature and complexity of the issues in dispute in your Massachusetts divorce or child custody matter, your attorney may recommend that you engage the services of non-lawyer professionals to assist with certain aspects of your case. The cost of retaining non-lawyer professionals can add to your legal expenses. Therefore, your attorney must weigh the cost to you of retaining a specific professional with the legal necessity and the added benefit to your case. If your attorney recommends that you retain another professional, it is likely because he/she has deemed it essential to supporting or defending certain positions or claims that are necessary to helping you achieve a certain result. In some situations, you and your spouse may be able to agree to jointly engage the services of a necessary professional, such as a real estate appraiser, and share the cost of the professional's services to keep your expenses to a minimum.