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NISSENBAUM’S STANDARD SET OF

 SUMMARIES OF LAW - DIVORCE

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 WARNING!  THIS IS A DISCLAIMER!  NOTHING ON THE WEB SITE IS TO BE CONSIDERED IN THE NATURE OF LEGAL ADVISE, NOR IS THE INFORMATION PROVIDED NECESSARILY UPDATED TO INCLUDE THE LATEST MASSACHUSETTS CASES OR CASES FROM OTHER JURISDICTIONS WHICH MAY EFFECT THEIR CASE.   YOU MUST CONTACT THE LAWYERS AT Wendy Hickey Law OR OR ANOTHER EXPERT IN FAMILY LAW IN ORDER TO SEEK INDIVIDUAL LEGAL ADVICE ABOUT YOUR CASE. 

 

IX. Pensions.

9.1 If one spouse is to receive an interest in the other spouse's pension, it is preferable, if possible, to make the assignment in cash or by a tax free roll over, rather than with a Domestic Relations Order, so as to permit the parties to go forward in life unentangled with each other. Dewan v. Dewan, 399 Mass. 754, 757 (1987).

9.2 If a cash assignment is not possible,then the recipient spouses's interest must be protected from the assigning spouse and his or her creditors by use of a QDRO. Peterson v. Peterson, 30 Mass. App. Ct. 932. 932 (1990).