Attorney Michael Franklin

Attorney Michael Franklin

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What Happens to Retirement Accounts in a Massachusetts Divorce? 11/20/2025

When couples divorce in Massachusetts, one of the most important financial questions that arises is what happens to retirement accounts. Whether you have a pension, 401(k), IRA, or another type of retirement plan, these assets are often among the largest marital holdings—and dividing them can be complex. Understanding how Massachusetts law treats retirement accounts helps ensure a fair and legally sound outcome.

Are Retirement Accounts Considered Marital Property in Massachusetts?
Under Massachusetts law, all property owned by either spouse—whether held jointly or individually—can be considered marital property if acquired during the marriage. This includes retirement accounts. Even if a retirement plan is in only one spouse’s name, the portion earned or contributed during the marriage is subject to equitable distribution, meaning it must be divided fairly, though not necessarily equally.

What Happens to Retirement Accounts in a Massachusetts Divorce? When couples divorce in Massachusetts, one of the most important financial questions that arises is what happens to retirement accounts. Whether you have a pens

Understanding the Implications of Infidelity in Massachusetts Divorce Proceedings 10/20/2025

Infidelity is one of the most emotionally charged issues that can arise in a marriage, and for many, it becomes a central factor leading to divorce. In Massachusetts, adultery can influence certain aspects of a divorce case, but its impact is often misunderstood. While Massachusetts recognizes both “fault” and “no-fault” divorces, the role that infidelity plays depends largely on the specific circumstances and the discretion of the court. This article explores how adultery can affect asset division, child custody, and other elements of a divorce in Massachusetts.

Fault vs. No-Fault Divorce in Massachusetts
Massachusetts allows spouses to file for divorce under “no-fault” or “fault-based” grounds. The vast majority of divorces are filed under no-fault divorce, meaning that neither party must prove wrongdoing. Instead, the marriage is deemed “irretrievably broken.” However, Massachusetts law also permits filing on fault grounds, including adultery.

Understanding the Implications of Infidelity in Massachusetts Divorce Proceedings Infidelity is one of the most emotionally charged issues that can arise in a marriage, and for many, it becomes a central factor leading to divorce. In Massachu

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Worcester, MA
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