A common question which people going through a divorce ask involves a pension plan. The person who has the pension wants to know what if any part of the pension is the other spouse entitled and conversely, the spouse that does not have the pension wants to know what if any portion of the pension are they entitled. The leading case in this area is Majauskas v. Majauskas. In Majauskas, the husband was a police officer and after ten years on the job, his pension rights vested. An action for...

Once your divorce commences it may be uncomfortable living with your spouse. If you want to begin to live separately sit down and determine if this is realistic. Remember, if you live separately there will be double the living expenses. One person may have family and can temporarily move in which can help alleviate the cost. Ultimately, if there isn’t a voluntary move, it is hard to have one person move out. Before addressing the procedure for removing a spouse from the marital residence,...

It is not uncommon for married couples not to keep their assets separate, especially with a long term marriage. However, when the issue of divorce arises, a problem is created for the spouse who believed that funds such as inheritance or a personal injury award would normally be that person’s separate property. If you mixed this money with marital assets for a significant period or with many transactions, court will more than likely find that what would have been your separate property is...