What is a marital deduction?

A marital deduction is a concept that exists in Massachusetts divorce law. It is used to divide property and assets between a married couple in the event of a divorce. A marital deduction is an equitable division of the marital assets based on each spouse’s contribution to the marriage. Under this concept, each spouse is typically entitled to a certain percentage of the total marital assets. This percentage can be determined by the court, or the couple can agree on a negotiated division of the assets outside of court. The primary purpose of a marital deduction is to ensure that each spouse receives an equitable share of the marital assets when the marriage ends. This means that the marital deduction takes into consideration the various contributions that each spouse has made to the marriage, such as income, housekeeping, childcare, and other shared responsibilities. Additionally, the marital deduction may also take into consideration any assets that were acquired prior to the marriage, such as gifts, inheritances, and real estate. By allowing the court or the couple to decide on a marital deduction, the state of Massachusetts is able to ensure that each spouse receives a fair and equitable portion of the marital assets when the marriage dissolves. This helps to make sure that all parties are treated fairly and that each party has a chance to start a new life on their own.

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