Burke Levy, P.C.

Marital assets subject to equitable distribution in Massachusetts

Couples may not realize just how many assets they have accumulated over the years until they are faced with dividing up property during a divorce. This includes everything from furniture and the family home to investments and retirement accounts. However, asset division is different than simply cleaving marital property in two and walking away with an equal share. Instead, people can expect to receive their share of an equitable distribution of their marital assets.

Massachusetts is an equitable division state. Unlike community property states that require asset division to produce approximately equal shares for both parties, equitable division requires that the portion of assets each person receives must be fair. In both community property and equitable division states, separate property is not included in asset division, and this typically includes assets owned before marriage or received as inheritances or gifts during the union.

Although some people reach an agreeable division on their own, others are unable to do so. In such instances, the matter will proceed to court, where a family law judge will provide a decision. Courts must take a variety of factors into account when ruling on an equitable division of assets, and they may look at each spouse's age, health, job, employability, income and how long the marriage lasted.

An equitable distribution of marital assets will usually not resemble a clean 50/50 split, although this division might indeed be the fairest approach for some couples. However, since no two divorces are alike, it is important for both parties to understand how Massachusetts family law will affect the process. For many, the careful guidance of an experienced attorney can demystify the process, leading to the best possible resolution of their divorce.

Source: FindLaw, "Massachusetts Marital Property Laws", Accessed on Jan. 15, 2018

No Comments

Leave a comment
Comment Information
Email Us For A Response

Let Us Help Protect Your Rights

Don’t Wait Contact Us Today

Contact us today at our offices in Leominster and Westborough, to learn how we can make a positive difference in your life. To schedule an appointment, call 978-728-9446.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

BURKE LEVY, P.C.

69 Milk Street, Suite 310
Westborough, MA 01581

Phone: 978-728-9446
Fax: 978-537-2828
Map & Directions

90 Main Street, Suite 4
Leominster, MA 01453

Phone: 978-728-9446
Fax: 978-537-2828
Leominster Law Office Map

Phone
Fax
The National Trial Lawyers 10 Best 2016 Attorney