Wife is moving an leaving the kids: We are not divorced yet but my wife says she is lwaving without the kids to California. We live in MA is this even legal as their has been no violence in our marriage?
Justin’s answer: I agree with the other answers that your wife may move anywhere she pleases so long as she is not trying to take the children with her. However, I would disagree that your only or best option is to immediately file a Complaint for Divorce. If you and your wife are able to reach agreements on custody, support and other matters, you could file a Joint Petition for Divorce. Have you considered mediation as an option?
How do I determine the length of my marriage for the purposes of alimony reform?:
My ex-husband filed for modification of alimony (pre-reform divorce). According to my calculations the durational limits have not been met. I calculated from our wedding day to our court day. Perhaps this is incorrect? There is also considerable arrears but from earlier years -- does it make sense to file for that given that he wants to terminate alimony early?
Justin’s answer:
It sounds like you may have calculated the length of the marriage incorrectly. According the Alimony Reform Act the "Length of the marriage is the number of months from the date of legal marriage to the date of service of a complaint..." So it may be shorter than what you have calculated. It is possible, however, to "increase the length of the marriage if there is evidence that the parties' economic marital partnership began during their cohabitation period prior to the marriage." So there is a possibility of arguing that the marriage is longer depending on the facts of your case.
The other calculation that is relevant for duration limits is how long alimony has been paid. Temporary alimony during the pending divorce case does not count against the duration. It would be a good idea to review these calculations with experienced counsel and review the statute in depth.
QDRO pending divorce for 401K money: I have a pending divorce case we need to leverage 401k money to use for housing expenses to avoid foreclusure Can a QDRO be used to do this? Plan said ex does not qualify without divorce decree which can take 6+ mths. We have court date Fri for temp support (He is the main income source, we have 2 children).
Justin’s answer:
I agree with Attorney Coyne that you want to discuss this issue at length with an attorney because there may be numerous options to avoid foreclosure. Some of these options may include temporary support orders or liquidating retirement. Liquidating retirement is usually a last resort, which is why QDROs are typically only completed at the end of a divorce.
If the situation warrants, it is possible with a court order to complete a QDRO for the transfer of funds held in a 401k from one spouse to the other even while the divorce cases is still pending on a temporary order. This is unusual but it is possible. However, the tax benefits of a QDRO require that the funds be transferred into a qualified retirement account in the spouse's name. It doesn't help you liquidate the funds. The only potential advantage I could see of using a QDRO to transfer the funds before withdrawing them is if you would qualify to remove the funds at a lower tax rate or without a tax penalty (for example if you were over the required age, or disabled).
Evaluating these options is complicated and could have significant long-term impact on your finances. You should definitely consult an attorney and perhaps also a financial expert.