You may have acquired considerable assets during the course of your marriage, such as a family home or a successful business. When it’s time to part ways, you are entitled to a share of such property and assets, collectively known as the marital estate.
However, the division of marital assets is not strictly equal in Massachusetts. Without a binding legal agreement stating otherwise, the state follows an equitable property division approach. As a result, you may not end up with the same portions of the marital property in the interests of fairness.
Factors that may affect property division in your divorce
Once the marital assets have been appraised, they will be divided equitably. There are several ways to do this. Assets may be directly assigned to each spouse, sold off and the proceeds divided or, in rare cases, jointly owned by the splitting couple.
Some of the things the judge will consider during equitable division include:
- The length of the marriage
- Each party’s conduct during the marriage
- The age and health of each spouse
- Occupation, sources and amount of income
- Vocational skills and employability
- The duration and amount of alimony
Debts are dealt with similarly to assets. Only marital debt is up for division between the divorcing couple.
Getting what you deserve during a divorce
Divorce may be a difficult and emotional period, but you should not let your guard down. You stand to lose out if you do not get your rightful share of the marital assets, which you contributed directly or indirectly.
Therefore, it is essential to understand what the property division laws in Massachusetts say and the things to look out for, such as hidden assets. If you have any concerns, reach out for assistance on the best course of action. It will help you safeguard your financial interests.