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Legal Eagle
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Divorce in MA. Plaintiff files for divorce and in the middle

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Divorce in MA.
Plaintiff files for divorce and in the middle of the divorce liquidates pension and hides it. What kind of motion or thing should the Defendant do? sanctions?

Hello! My name is ***** ***** I am an attorney with Just Answer. I'll be here to help today! Do you mind if I take a moment to review your question? By the way, the system will automatically ask for a phone call. By no means are you required to accept it.

You will want to consider filing a contempt of court action. In divorce proceedings, Rule 411 in Massachusetts puts an automatic restraining order on actions just like these. Accordingly, you could file a motion for contempt of court against the other party for their actions and request that the party provide the funds into a trust or some other way make them available for distribution pending the end of the case.

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Customer: replied 5 days ago.
hi. Into a trust? would it be possible to ask for like court receivership?

Goodness, I'm sorry for the delay. I was unexpectedly pulled away from my computer. One moment:-)

Yes, a trust would be like a receivership where a neutral third party manages the funds. However, your specific court may or may not allow for that. I would recommend that you ask the court whether this is possible or what measures your jurisdiction/county decides is appropriate when the risk is high that your funds will disappear.

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