Westborough Property Division Lawyer
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 on 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 Westborough property division lawyers can carefully review your financial situation and help you obtain the assets to which you are entitled.
How Does Division of Property Work in Westborough?
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 most fairly divide all of their property, 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 most fairly.
Some forms of property that are typically subject to division during a divorce include the marital home, retirement accounts and pensions, stock investments, personal property, and bank accounts. When considering the marital estate, the debt that the couple owes will also have to be equitably divided. Our Westborough attorneys can assess your property and determine what may be subject to division during a divorce.
Considerations by the Court When Dividing Property in Westborough
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 in Westborough 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.
Speak with a Westborough Property Division Attorney
If you are facing a divorce, the thought of an unfair distribution during property division can be distressing. However, this process can be easier if you have the right legal counsel by your side.
Our Westborough property division lawyers can help you evaluate your marital property and advocate for you to keep your fair share. Call our firm to discuss your case today.