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Massachusetts Law - What is the 'Marital Portion' of a Defined Benefit Pension Plan? In many states, and in a few Massachusetts cases, the marital portion of the pension plan is calculated as: the number of years married and employed, divided by the total number of years working until retirement. However, in most cases in Massachusetts, the courts are not so precise. They tend to award a percentage of the entire estate to one spouse, without separately calculating for each asset the "marital" portion. Cases: Johnson (1996) 494 NE2d 423 (The court awarded the wife 30% of the pension payments, if and when made, as long as the wife remains unmarried. The husband argued that the court should have limited its consideration only to the "marital portion." But the court rejected the husband's argument, saying that the entire pension was property that was available to distribute.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Massachusetts legal page. Click here for the Massachusetts divorce legal table of contents. | |||||||||||||||||||||||||
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