Military marriages in Massachusetts experience strains and stresses in greater capacity than other marriages due to the complications that their jobs put on both spouses. Though these marriages can be extremely stressful and difficult, the overall divorce rate among both male and female service members only averaged 3 percent in 2017. To be more precise, about 21,290 of 689,060 married troops divorced in 2017. The divorce process for members of the military is relatively uniform to those who are not in the service. The main difference for these individuals is how to divide their retirement plans.
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."