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Does divorce in Massachusetts revoke a will's provisions for a former spouse?

Does divorce in Massachusetts revoke a will's provisions for a former spouse?

Q: Does the man always lose the house in a divorce?

No, the man does not always lose the house in a divorce. Property division in Massachusetts is based on equitable distribution, meaning the court considers various factors to determine a fair outcome. Both spouses have rights to the marital home, and the final decision depends on the specific circumstances of the case.

Q: What is a final decree of divorce?

A final decree of divorce is a court order that officially ends a marriage. It outlines the terms of the divorce, including property division, child custody, and support obligations. Once the decree is signed by a judge, it becomes legally binding, and both parties must adhere to its terms.

Full question:

I was recently divorced in MA. The divorce decree is final. It is my understanding that items which includes cash, bank accounts, and the house,which are all in my name, but are left to my wife according to the will, are not legally hers, pursuant to MA law and the parts of the will which identify her are voided.

Category: Divorce
Date: 04/07/2025
State: Massachusetts

Answer:

In Massachusetts, a divorce automatically revokes any provisions in a will that benefit a former spouse. This means that if your will names your ex-wife as a beneficiary, those provisions are void due to your divorce. Specifically, Massachusetts General Laws Chapter 191, Section 9 states that a divorce revokes any property distribution made to the former spouse, including any appointments or powers granted to them in the will, unless the will explicitly states otherwise.

As a result, any cash, bank accounts, or property that are solely in your name and designated to your ex-wife in your will are no longer legally hers. These assets will pass as if she had not survived you. If you were to remarry your ex-wife, the provisions could be revived.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Should I empty my bank account before divorce?

It's generally not advisable to empty your bank account before a divorce. Doing so can be viewed as an attempt to hide assets, which may negatively affect the divorce proceedings. Courts expect both parties to be transparent about their finances. Instead, consider discussing your financial situation with an attorney to understand your rights and options.

Who gets the house in a Massachusetts divorce?

In Massachusetts, the division of property, including the house, is based on equitable distribution. This means the court will consider various factors, such as the length of the marriage, each spouse's financial situation, and contributions to the marriage. The house may be awarded to one spouse or sold, with the proceeds divided. Consult an attorney for guidance specific to your situation.

Are separate bank accounts considered marital property in Massachusetts?

In Massachusetts, separate bank accounts can be considered marital property if funds were commingled or if the account was funded during the marriage. However, accounts owned solely by one spouse before the marriage are typically viewed as separate property. The court will evaluate the circumstances to determine how assets should be divided.