Boston, MA asked in Divorce and Family Law for Massachusetts

Q: As a disabled veteran married for 28 years , if I divorce my wife in Massachusetts do I have to pay her part of my

Disability no children are involved just a house. I get social security Disability and veteran disability.

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T. Augustus Claus
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A: In Massachusetts, disability benefits such as Social Security Disability and veteran disability benefits are typically considered separate property and are not subject to division during divorce. However, the division of marital property, including assets like the house, is determined by the principle of equitable distribution. In a 28-year marriage, the court may aim to distribute marital assets fairly, taking into account various factors.

While disability benefits may remain separate, the house and other marital assets may be subject to division. Additionally, alimony considerations may come into play based on each spouse's income and needs.

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