Marital Property Division in Massachusetts

Attorneys Serving Newton, Boston & Norfolk County, MA

At The Halks Firm, we have the drive, determination, and specialized knowledge to help you obtain a more positive outcome at the end of your divorce. We understand the heavy personal and emotional toll that dissolving a marriage tends to take (especially when deciding who gets what), and we are here to simplify the process as much as possible. If you and your spouse have decided to divorce (or if you intend to divorce them), you must seek legal representation immediately in order to ensure you don’t get the short end of the stick in your divorce decree.


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Property Division in Massachusetts

Property division is perhaps one of the most challenging and contentious aspects of divorce. After deciding to divorce, both spouses must take stock of their personal possessions and decide what property is separate and what is shared. This becomes particularly difficult for couples who have been married for 10 years or more, as well as those who have combined their major assets or named one another as co-owners of certain accounts and possessions.

How Are Assets Divided?

When it comes to divorce, Massachusetts is an equitable division state, meaning that both partners maintain ownership of the income they earned individually during the marriage and each spouse has the right to retain property that is only in his or her name. However, at the point of divorce, Massachusetts courts attempt to divide all assets, property, and accounts in a way that is more or less fair, even if it is not a 50/50 split.

When determining how to divide marital assets, the court will take several factors into consideration, which include, but are not limited to:

  • How long the couple was married
  • Behavior of each spouse during the marriage
  • Whether or not one spouse or the other could acquire assets in the future
  • Needs of the children and spouses
  • Who acquired specific pieces of property
  • Whether one spouse or the other is employable
  • Where each spouse receives income from

Because the factors listed above, as well as others, will be weighed when determining property division, it’s important that you and your spouse accurately log possessions acquired and contributions made during the marriage. The court will also consider each parties conduct during the marriage to determine how to split property, which is why it is a good idea to document that information. For example, if your spouse did not take adequate care of assets, their behavior could sway a judge’s decision on how to assign property. Our attorneys will take the time to answer your questions about the division of property and help you accurately present information to the court.

Can Assets Be Divided in Lieu of Alimony?

Under M.G.L.A. c. 208 § 34, the court could decide to divide all or part of the other spouse’s estate instead of awarding alimony.

The judge may assign the following types of assets to either party:

  • Vested and non-vested benefits
  • Retirement benefits
  • Military retirement benefits
  • Pensions
  • Profit-sharing
  • Annuity
  • Deferred compensation
  • Insurance

Speak with an Attorney at The Halks Firm Today!

Since total agreement is unlikely between divorcing partners, our team here at The Halks Firm is prepared to contend for your best interests and help you make sure you don’t lose access to important assets, savings, and valued possessions. If you are entering divorce, connect with a member of our team as soon as possible and learn how we can help you.

Send us a message to tell us about yourself and schedule a consultation.

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