Massachusetts Property Division Lawyers 

Helping Clients With Property Division In The Commonwealth

Massachusetts state law requires courts to divide property equitably within a divorce. Although the normal divide is 50/50, it is important to note that an equitable distribution does not require an even split. Instead, a court must decide how to divide marital property in a way that it deems fair to both parties, taking into consideration a number of different factors.

Each spouse likely has a differing view of what a fair split of the assets looks like. As a result, this process can be challenging and may lead to several disputes between you and your soon-to-be ex-spouse. Fortunately, the attorneys at O’Connor Family Law have over 35 combined years of exclusive family law experience and, therefore, have the tools to help you through this process. Our Massachusetts property division lawyers can carefully review your financial situation and help you obtain the assets to which you are entitled.

Speak with our Massachusetts property division attorneys by calling 774-703-3755 or filling out our online form today.

How Does Division Of Property Work In Massachusetts?

Massachusetts is an equitable distribution state when it comes to dividing property during divorce. While some states organize a couple’s assets into separate and marital property during this division process, Massachusetts does not. In fact, it is often at the Judge’s discretion to determine how to divide all their property most fairly, which includes assets obtained by either party during the marriage as well as assets that were brought into the marriage. One exception to the Judge looking at all the assets a couple owns, is where the couple entered into a prenuptial or postnuptial agreement that identified certain assets as belonging solely to one spouse in the event of a divorce. Usually, those assets are taken off the table; however, a Judge can look at what one spouse is getting within a prenuptial or postnuptial agreement when dividing the other marital assets. 

Additionally, if a couple can reach a mutual arrangement regarding the division of their property, their lawyers can help them draft an agreement and submit it to the Judge for final approval. When a couple cannot reach a property division agreement, the court can assess the value of the assets in question and consider a number of factors about each asset to determine how to divide the property between the two parties fairly.

Considerations By the Court When Dividing Property

The court has broad discretion when determining how property should be divided. When reaching this decision, there are many factors that a judge has to consider. Some of these considerations include the length of the marriage, how the property was acquired, the contributions of each party, as well as the age, health, occupation, and income of each party. The conduct of each party also could weigh on the decision. For instance, a proven act of financial misconduct, such as fraud or a history of excessive gambling, may negatively impact the property someone may end up with. 

We were successful with representing a wife within a divorce whose husband had utilized a significant amount of marital funds to support his drug and alcohol addiction which resulted in the Court only awarding him 20% of the marital estate after trial because of it. Our lawyers can advocate for a fair property division based on your specific case and the various factors that a court may consider when making a final decision.

Contact our Property Division Attorney in Massachusetts Today

Having a skilled attorney by your side is crucial when facing property division challenges in Massachusetts. O’Connor Family Law is dedicated to providing exceptional legal services tailored to your unique needs. Our property division lawyers are ready to guide you through the intricacies of this process, offering reliable support at every step. We focus on protecting your assets and ensuring a fair distribution that aligns with your goals. We are ready to guide you through the complexities of property division, offering expertise, transparency, and a commitment to safeguarding your interests. Your future deserves the best legal representation – trust us to secure it.

Contact O’Connor Family Law today to get started with our Massachusetts property division lawyer.