Understanding Property Division in Massachusetts Divorce Cases

Divorce can be a difficult and emotional process, especially when it comes to dividing property. In Massachusetts, property division is based on the principle of equitable distribution, which means that property is divided fairly, but not necessarily equally. In this article, we will discuss the factors that are considered in property division and how it works in Massachusetts divorce cases.

Factors Considered in Property Division

In Massachusetts, the court considers several factors when dividing property in a divorce case. These factors include:

• Length of the marriage
• 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
• Opportunity of each for future acquisition of capital assets and income
• Contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates
• Contribution of each of the parties as a homemaker to the family unit
• Present and future needs of the dependent children of the marriage
• Any other factor that the court deems relevant and material

How Property Division Works in Massachusetts

In Massachusetts, property is divided into two categories: marital property and separate property. Marital property includes all property acquired during the marriage, regardless of whose name is on the title. Separate property includes property that was acquired before the marriage, property that was inherited or received as a gift, and property that was excluded by a valid prenuptial agreement.

Once the court has determined what property is marital property, it will then consider the factors listed above to determine how to divide the property. The court may order a division of property in kind, where each party receives a portion of each asset, or it may order a sale of the property and divide the proceeds.

It is important to note that the court does not have to divide property equally. Instead, the court will divide property in a way that is fair and equitable based on the factors listed above.

Conclusion

Divorce can be a difficult and emotional process, especially when it comes to dividing property. In Massachusetts, property division is based on the principle of equitable distribution, which means that property is divided fairly, but not necessarily equally. The court considers several factors when dividing property, including the length of the marriage, the conduct of the parties during the marriage, and the present and future needs of the dependent children of the marriage. It is important to work with an experienced divorce attorney who can help you navigate the property division process and ensure that your rights are protected.