Division of Assets

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

Unlike other issues in a divorce, the division of assets becomes final at the time of the divorce and is not modifiable later. It is critical that the parties provide each other with complete disclosure of the marital assets.  The majority of property can be easily identified, but sometimes there are assets, which are difficult to locate or are confusing.  We will work to make sure that all of your assets of the marriage are properly considered.

All property owned individually or jointly by you or your spouse are part of the marital estate and are subject to division.  These marital asset include pensions, 401ks, IRAs, bank accounts, business assets, stock, stock options, trusts, real estate, vehicle, and household items.  In addition to the asset you or spouse acquired during the marriage, inheritances and gifts may be subject to division.

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