It is important to know that fair does not always translate into equal. When it comes to asset division in a divorce proceeding, people often assume that Massachusetts is a “50/50” state, but it is not…assets and liabilities are not automatically split equally between the two parties.
Massachusetts General Law (chapter 208 § 34) details a variety of factors that the court will take into consideration when addressing and dividing the marital estate. The factors include, but are not limited to: how long the parties have been married, the behavior of the parties during the marriage, age, health, occupation, current/projected, employability, and debt. If you have a marital agreement, signed before or during marriage, you will have more control over how your assets are divided.
When it comes to matters of property division during the divorce process, both parties will do whatever they can to get what they believe is theirs. For this reason, there is often arguments and conflict. Let our office work for you to protect your interests.