Question – My spouse has a large retirement account and I have none, my spouse doesn’t believe I deserve any of the retirement account. Is this true?
Answer – It depends on the facts of your case. Massachusetts is an equitable division state, which means each person is entitled to an equitable share of the marital assets. It doesn’t matter whose name an asset is in, it all goes into the pot and is subject to division. Our office has experience with many scenarios. For example, facts that may include – all or some of the retirement was acquired prior to the marriage, all of the retirement was acquired prior to the marriage, the retirement was a recent inherited ira from a parent, a couple entered into a valid prenuptial agreement, etc. Working with an experienced divorce mediator can help a couple navigate all possibilities to develop a fair agreement for both spouses.