By: Rachel L. Engdahl, Esq. The decision has been made. You and your spouse are getting divorced. Now what? One…
Division of Property in a Massachusetts Divorce
The thought of splitting the marital property and debt during a divorce can be daunting. Marital property or assets are acquired during the course of the marriage. In most cases, personal property or property that was brought into the marriage will not be subject to division during the divorce.
How is Property Division Determined?
When determining the division of the marital property, Massachusetts courts take into consideration numerous factors, including (but not limited to): the length of the marriage; the conduct of the parties during the marriage; age; health; station; occupation; amount and sources of income; vocational skills; employability; estate; liabilities and needs of each of the parties; the opportunity of each for future acquisition of capital assets and income during the marriage.
Even if one party personally acquired the property or funds after the date of the marriage, it will still be considered marital and subject to division.
Equal Distribution of Assets
Massachusetts divides marital property based on an equitable distribution basis. This means the court will divide all marital assets and debts based on what it believes to be fair. If you do not want the courts to decide the outcome of your property division, consider an alternative dispute resolution. See our section regarding Mediation &Collaborative Law.
The division of marital property may not follow Massachusetts laws if subject to a Pre-Nuptial Agreement. See Pre-Nuptial Agreements for further information.
If you would like more information, please call us at (617) 973-6446 or email us Rachel@rachelengdahllaw.com