If are getting a divorce in Massachusetts, one of your main concerns is how the court will distribute your assets and property. Because the state follows equitable distribution rules, marital assets are divided equitably during a divorce. The judge who hears your case will determine what is fair division when deciding property distribution. You can better understand how such rules work when you visit this website.
A lot of factors must be considered when going through a Massachusetts divorce to make sure the rights of every spouse are protected. One of these factors is how property is divided in a divorce:
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What Property Should be Divided?
Under the law, marital property is subjected to division during a divorce. Marital property is obtained after the marriage by either spouse. But this property can be separate if it was given as an inheritance or gift or noted in a prenuptial agreement. It includes benefits and profit-sharing, wages earned, and even debts.
Factors to Consider During Asset Division
Massachusetts couples who are getting a divorce can draw up an agreement that splits property. A judge will review and sign this agreement. But if a couple can’t reach an agreement, a judge will determine who gets certain assets. The judge will take into account factors such as every spouse’s age, employability and health, marriage duration, the needs and income of every spouse, the needs of the children, and the contribution of every spouse to the marriage. A judge may provide more weight to some factors over others. For instance, if a marriage just lasted a few months, the most relevant is the time factor.
Does Infidelity Affect Property Division?
Family law judges can consider every spouse’s conduct during their marriage when dividing assets and determining alimony and child support. For instance, if one spouse spends marital assets on an affair, a family judge may hold such assets against the spouse in property division.
Who Gets the Family House?
The family home is usually the biggest asset a couple can have. Under the law, a family court can order one spouse to leave the house if their presence is believed to damage one party or minor children. Also, a house can be addressed in many ways. For instance, the couple may sell the house and split the proceeds accordingly. Another option is having one spouse keep the house in exchange for other assets.
Do You Need an Attorney?
While the family courts are tasked with fair asset division, you still have to take steps to ensure your interests and case are presented properly in your divorce. This is where an experienced attorney can make a difference. Your attorney can identify assets and help make sure they are categorized as separate or marital assets. They can help you secure what you need to start a future without your spouse. This is important no matter your financial situation and whether you have a contested or uncontested divorce. They can provide you with insight and protection, so no one can take advantage of you during the divorce proceedings. Having an attorney is even more essential if your divorce involves significant assets, you have a family business, or other issues to consider.
Property division is a complex aspect that must be addressed in a Massachusetts divorce. To ensure your goals are pursued, work with a solid legal team. The best family law attorney can protect your rights and interests when it comes to equitable property division, child custody, and spousal support. Their familiarity with the local courts and judges makes them qualified to present your best interests and make your needs and concerns heard.
