MAVRIDES LAW

January 13, 2011

Question: 

My husband of 35+ years lost his job in 1994. Initially he said he wanted to temporarily stay at home with the kids, but after 1-2 years, he gave up looking for work and has refused to find a job despite having 2 Ivy-league degrees. He drained his 401K and spent a lot of money on buying things for himself. He does take care of a few things around the house but I work full-time and do more housework than him. We are considering divorce but he says that he should be entitled to 50% of my pension because: 1) he was the breadwinner and earned 2-3X my salary, and 2) his housework qualifies as employment. How do the courts look at this situation when the woman earns more than the man? And how do I prevent him from continuing to spend money and drain our finances?

ANSWER

There is no gender distinction in Massachusetts divorce law.  As the saying goes, what is good for the goose is good for the gander.  Therefore it really should not matter whether the primary earner is the husband or the wife.  However, a divorce judge is given significant discretion in deciding how a marital estate will be divided and whether it is appropriate for alimony to be paid.  Once a divorce action is filed, a judge will be assigned to your case and it is important that you and your attorney are prepared to present a persuasive argument that realistically addresses your concerns and desired resolution.  A judge will consider the length of marriage and a number of factors in deciding whether there will be an equal division (ie 50%50%)or disproportionate(ie 55%/45%;  60%/40% etc) division of assets or payment of alimony by one spouse to another.  Some of those factors include, financial conduct during the marriage, vocational skills, education, employability, health and contributions by each spouse to the acquisition, preservation and appreciation of each party’s estates.  Your concern about your husband continuing to spend money and drain finances should be addressed as soon as possible and before more irreparable financial dissipation  is done.  Once a divorce complaint is filed and the other party legally served with these documents, there is an automatic restraining order in place that is supposed to preclude both parties from utilizing marital funds for any reasons, other than to pay for the customary household expenses and attorney fees.  You may also have a strong argument that income should be attributed to your husband because of his compelling educational credentials and significant work history. 

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