Division of Property

According to Massachusetts law, there are specific factors that Courts may consider and assess in determining the nature, value and allocation of property to be divided in a divorce. These include:

  • the length of the marriage
  • the conduct of the parties during the marriage
  • the age
  • health
  • station
  • occupation
  • amount and sources of income
  • vocational skills
  • employability
  • estate
  • liabilities
  • needs of each of the parties
  • the opportunity of each for future acquisition of capital assets and income
  • the amount and duration of alimony, if any, awarded
  • the present and future needs of the dependent children of the marriage
  • the contribution of each of the parties in the acquisition, preservation or appreciation in value of the respective estates and
  • the contribution of each of the parties as a homemaker to the family unit.

All property, wherever situated and irrespective of title, including inherited property, may be subject to equitable division in a divorce.