Divorce often means figuring out how to split up everything you and your spouse acquired together, which can be a major headache. It’s completely normal to feel sentimental about your stuff, and the idea of handing something cherished over can feel impossible. When you and your ex have strong opinions about who deserves what, things can get messy fast. Hopefully, couples can work it out amicably, negotiating a fair deal between themselves. But when those talks break down, you might end up in court fighting over the marital estate. If you are heading for a contested divorce because you just can’t agree on splitting marital property, it is crucial to understand whether Massachusetts adheres to the equitable distribution or community property principle. For guidance during this difficult period, we encourage you to continue reading and consult with an experienced Bristol County Division of Assets and Debts Lawyer who can assist you. 

What is the Difference Between Marital and Separate Property?

Massachusetts courts have to first figure out what counts as “marital property” and what is “separate property” to divide assets during a divorce. Marital property refers to anything brought into or acquired during the marriage, but there are exceptions. Separate property is what you had before the marriage and did not agree to share.

It gets tricky if couples mix money or if a separate asset grows in value because of the marriage’s help, that “separate” property might not stay totally separate. Also, things like gifts and inheritances acquired during the marriage might stay separate. Inheritances are especially dependent on the facts, so speak to a lawyer about that.

How Do MA Courts Decide What Is Equitable?

Massachusetts, similar to many other states, operates under the principle of equitable distribution. The term “equitable” signifies fairness. Consequently, the division of marital property will be allocated in a manner deemed just, at the discretion of the court. It is important to note that equitable distribution does not inherently mandate an equal split. The court retains the authority to divide assets in any manner it deems fair to both parties.

In determining a fair division, the court will consider numerous factors, including, but not limited to:

  • The length of the marriage
  • The health and age of the respective parties
  • The established standard of living
  • The earning capacity and total income of the couple
  • The valuation of marital assets
  • Any relevant considerations related to child custody
  • Potential tax consequences

Furthermore, the allocation of assets may be influenced by additional factors, such as the contributions of each party to the marriage. Massachusetts courts are authorized to consider and weigh non-monetary contributions like homemaking and childcare.

If you are facing a divorce in Massachusetts, reach out to a family law attorney at the Law Offices of Cynthia L. Hanley, P.C. Our legal team is prepared to help safeguard your financial interests and achieve a property division that works for you now and in the future.