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How is property divided in a MA Divorce?


I get this question a lot from both current and potential clients when they are in my office.

Massachusetts is an "Equitable Division" state when it comes to dividing property in a divorce.This means that the court will consider the following factors in allocating property:

  • The length of the marriage

  • The conduct of the parties during the marriage

  • The 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

  • The contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates

  • The contribution of each of the parties as a homemaker to the family unit.

Moreover, equitable division does not mean an that the property will be all splil 50/50. However, an equal division of property is common. Equitable division means that the property will be divided fairly based on the bullest listed above.

Sometimes this is frustrating to hear to a client. However, as an attorney, I cannot stress the importance of a couple setting aside how upset or angry they might be and try to work out a sepearation agreement inorder to divide their property themselves without asking the court to decide for them.


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