Getting a divorce is a challenging transition. You’re trying to figure out what your life is going to look like after the fact, and there are a lot of things to figure out involving shared finances and assets. You’re hoping for a clean split, especially when questions about property division arise. Many assume Massachusetts splits assets 50/50, but that’s not the whole story.
At Reade Law Firm, PC, we know how overwhelming this process can feel. We’ve helped countless clients understand the complexities of property division, and are here to clarify how Massachusetts law works.
We can help you no matter where you are in the process. Understanding the principles of equitable distribution can help you feel more prepared and confident moving forward. Let’s explore what you need to know.
Equitable Distribution in Massachusetts
Massachusetts follows a principle called equitable distribution, not a strict 50/50 split. At first glance, this might seem unfair, but equitable distribution aims to divide property in a way that’s fair based on each spouse’s situation. Fairness doesn’t always mean equality, and that distinction is essential.
What Does Equitable Distribution Mean?
Instead of automatically dividing everything down the middle, the court looks at several factors to decide what is just and reasonable. Sometimes this can result in a 50/50 division, but it often doesn’t.
For instance, a spouse who stayed home to raise children while the other focused on building a career might receive a larger share of the marital assets. The goal is to balance the scales—not just split them.
Factors Considered in Property Division
Massachusetts law requires judges to weigh many aspects of a couple’s life when dividing property. Here are some key factors that can influence the outcome:
- Length of the Marriage: Longer marriages often result in divisions that lean closer to equality because the financial and personal contributions of both spouses are seen as deeply intertwined over time.
- Age and Health of Each Spouse: A spouse with significant health issues may receive more assets to cover future medical costs or financial insecurity.
- Income and Earning Potential: If one spouse has a high-paying career while the other sacrifices career growth to support the family, the court may adjust the division to reflect these circumstances.
- Contributions to the Marriage: This doesn’t just mean financial contributions. Contributions as a homemaker, primary caregiver, or even maintaining the household are equally valued.
- Conduct During the Marriage: In cases involving adultery, abuse, or financial misconduct, the court may adjust property division to address any unfair advantages taken by one spouse.
- Needs of Dependent Children: If one spouse has primary custody of minor children, they might receive a larger share of marital assets to ensure the children’s stability.
- Employability and Vocational Skills: The court considers whether one spouse will struggle to re-enter the workforce after the divorce, especially after years spent as a homemaker or caregiver.
- Prenuptial Agreement: A valid prenuptial agreement can influence property division, but it must be deemed fair at the time of enforcement. If circumstances have changed dramatically, a judge might modify its terms.
Real-Life Example:
Imagine a couple has decided to get a divorce after 20 years of marriage. The husband worked full-time and earned a six-figure salary, while the wife stayed home to raise their children and manage the household. Even though the husband technically “earned” the income, the wife’s non-financial contributions were equally significant. In this case, the court might award the wife a larger portion of the assets.
Marital Property vs. Separate Property
Before assets can be divided, it’s crucial to understand what counts as marital property and what remains separate property.
Marital Property:
These are assets acquired during the marriage. Examples include a shared home, retirement accounts contributed to during the marriage, and jointly purchased vehicles. Even if an asset is titled in one spouse’s name, it’s typically considered marital property.
Separate Property:
These are assets owned before the marriage or acquired through inheritance or gifts. However, there are exceptions. For instance, if separate property is commingled—such as depositing inherited money into a joint account or using it for marital expenses—it may become marital property.
Gray Areas to Consider:
Let’s say one spouse received an inheritance during the marriage and used it to renovate the family home. That inheritance might be considered marital property because it directly benefited both spouses.
Why You Need a Divorce Attorney
Dividing property fairly is rarely straightforward. Working with a skilled attorney ensures that your rights are protected and that all assets are properly accounted for. Here’s how an attorney can help:
- Negotiating with Your Spouse: Attorneys can help reach agreements without going to court, saving time and reducing conflict.
- Gathering Evidence: Properly valuing assets like businesses, retirement accounts, or real estate often requires extensive documentation and expert evaluation.
- Advocating in Court: If negotiations fail, your attorney will present your case to the court and argue for a fair division of assets.
At Reade Law Firm, we focus on more than just winning cases. We take the time to understand your story and ensure your voice is heard.
The Benefits of Negotiating Asset Division
While court battles grab headlines, many divorcing couples resolve their differences outside the courtroom. Alternative dispute resolution methods like mediation or collaborative law can save time, money, and stress.
Why Consider Mediation?
- It gives you more control over the outcome.
- It often leads to faster resolutions.
- It can preserve a better working relationship with your ex-spouse—helpful if you’ll be co-parenting.
Reade Law Firm has extensive experience guiding clients through mediation and other resolution methods, ensuring that your interests are always prioritized.
Facing Divorce? Reade Law Firm Can Help
Divorce is a difficult experience, but you don’t have to face it alone. At Reade Law Firm, PC, we’re here to provide personalized guidance and strong advocacy tailored to your unique circumstances. Let us help you find clarity and work toward a future that feels secure and hopeful.
Call us today at (978) 767-8383 or visit our Contact Us page to schedule a consultation. Don’t wait—start protecting your future now.