Divison of Assets

Although the Massachusetts divorce laws require an equitable division of marital assets, that does not always mean that all assets will be split equally. The Massachusetts Probate and Family Court considers several factors in determining an equitable and proper asset division between divorcing couples. Some of those factors include education, health, length of marriage, age, employment, and the needs of you and your children.

In asset division cases, unlike some other issues, once your divorce is final, it is next to impossible to go back to court to modify the division of property. That’s why it’s critical to get a complete accounting of your marital assets. The majority of property is easily identified, while other assets can be disguised, or confusing. We will work to make sure that all of your assets of the marriage are properly considered.

For the most part, all the property, assets and debts you and your spouse have accrued during your marriage are subject to division through the divorce process. These marital assets include pensions, 401ks, 403bs, IRAs, bank accounts, business assets, stocks, stock options, trusts, homes, other real property, motor vehicles, household goods and other personal property. In addition to the possessions you and your spouse earned or purchased, inheritances and gifts may also subject to division.

It is always in the judge’s discretion to determine what allocation of marital assets may be fair in any given situation, which makes your attorney’s experience and abilities extremely important to the outcome of your case. Whether or not your case involves a complex asset division you need sound legal advice in order to formulate a strategy to get you what you deserve.

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