What You Need to Know About Equitable Distribution in Massachusetts


If you and your spouse are getting a divorce, you are most likely very concerned about who will get which assets, such as your home. Please continue reading and speak with our knowledgeable Massachusetts divorce attorneys to learn more about the equitable distribution process and how we can help you through it. Here are some of the questions you may have about property division in MA:

What is considered marital property?

When a couple gets divorced, Massachusetts courts will break down their assets into two main categories: marital property and separate property. Essentially, separate property involves assets that were acquired either before the marriage or outside of the marriage, such as an inheritance or a gift. That being said, marital property consists of all assets that were acquired during a marriage, which can include some of the most critical assets, such as a home, a car, retirement benefits, pensions, and more. Marital property is generally subjected to the equitable distribution process.

How will MA courts determine who will get which marital assets in a divorce?

Courts in Massachusetts will consider a wide array of factors when determining who will get what assets in the event of a divorce, including the following, among others:

  • You and your spouse’s age and health
  • You and your spouse’s earning potential
  • Whether you and your spouse attended college
  • Whether one spouse furloughed their dreams in support of another spouse pursuing theirs
  • Whether one spouse paid for the other spouse’s education
  • You and your spouse’s yearly income
  • The value of your property
  • The amount both you and your spouse contributed to the marriage
  • If you have children, the courts will consider your child custody agreement
  • Any other factor the court deems relevant.

Can a prenuptial agreement protect my assets from a divorce in Bristol County?

If you are someone who has not yet married in Bristol County, you and your future spouse may draft a document known as a prenuptial agreement which should outline who is entitled to what assets, should you ever decide to divorce. That being said, if you are already married, you may still draft a postnuptial agreement, which essentially serves the same purpose of a prenuptial agreement, however, it is drafted after marriage. For any additional questions about the equitable distribution process in Massachusetts, give our experienced Bristol County divorce attorneys a call today.

Contact our experienced Bristol County firm

For over 30 years, The Law Offices of Cynthia L. Hanley, P.C. has provided quality legal support and representation for clients in Bristol County and all of Massachusetts. Our firm’s experience eases the stress of clients while providing the legal services they deserve. If you need help through a contested divorce, contact The Law Offices of Cynthia L. Hanley, P.C. for a consultation today.