How is property divided in a divorce?

In Massachusetts, when a couple decides to get a divorce, the division of property is determined using the laws of “equitable distribution.” This means that the court will divide all marital property in a way that is fair and equitable for each spouse. The division of marital property includes any property and assets acquired by either spouse during the marriage. Equitable distribution looks at a variety of factors when deciding how to divide the property. These factors include the length of the marriage, each party’s contribution to the marriage, the current economic status of each party, and any child custody arrangements. The court will also look at any prenuptial or postnuptial agreements that may have been signed by both parties. The court will attempt to divide the marital property and assets fairly and equitably. This does not necessarily mean that each spouse will receive an equal share. The court does not take into consideration any fault or fault-based claims when deciding how to divide the property. When determining how to divide the marital property, the court will look at each spouse’s needs and how the division of property can help meet those needs. For example, if one spouse has a greater need for spousal support, the court may award that spouse a greater portion of the marital property. The court may also order that some marital property be sold and the proceeds divided equally between the spouses. In addition, if one spouse has a large retirement account, the court may order that it be divided based on its current value. Ultimately, the court will use its discretion when determining how to divide the marital property. It is important to understand the laws and know your rights when going through a divorce.

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