Property Division



Division of the Marital Estate

One of the main issues when getting divorced in Massachusetts is how you will divide your assets, debts, and belongings; this is commonly referred to as the “marital estate.” Most divorces in Massachusetts end with each spouse receiving about half of the marital estate, but there are exceptions depending on the specific circumstances of your situation.

When dividing a marital estate, the Judge will consider the following fifteen specific factors:

the length of the marriage
the conduct of the parties during the marriage
each spouse’s age
each spouse’s health
each spouse’s station
each spouse’s occupation
each spouse’s income
each spouse’s vocational skills
each spouse’s employability
each spouse’s estate
each spouse’s liabilities and needs
each spouse’s opportunity for future acquisition of capital assets and income
the amount and duration of alimony (if any)
the present and future needs of the dependent children of the marriage
the contribution of each of the spouse’s during the marriage

The final division of the marital estate goes beyond the question of “who gets what” — it ties into and affects all other aspects of divorce. How the property is divided can impact spouses’ and children’s living conditions, needs, future expenses, ability to pay bills, retirement, and long-term care.

As a result, property division is a convenient tool for divorce negotiation and settlement. If settlement is possible, our attorneys seek to save you time and money by drafting property division agreements that meet both spouses’ needs while still protecting your interests and rights.

If settlement is not possible, we are experienced at locating hidden assets, establishing asset values in our client’s best interests, and obtaining the best possible property division through focused litigation.

If you are considering or already initiating a divorce, please feel free to contact one of the divorce attorneys at Baum & Dockter for help with property division and other divorce-related issues.

Education Center Property Division Articles:

What will happen to our property, financial accounts, and debts?