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.