The laws in Massachusetts allows you and your partner to divide property between yourselves once you come into a mutual agreement. You would require to write the agreement down in a property settlement agreement (PSA) document and take it to a judge to incorporate it into your final divorce decree.
If you do not come to terms, the court takes over the judgment of the property division, where the judge uses the principle of equitable distribution. It does not mean that the judge will divide the property equally, but fairly between the spouses. The property in question is any assets, properties, and income that you or your spouse acquired during the marriage period. Any income, asset, or property that you earned before the marriage will be safe from inclusion into the divisible property by the law courts.
According to Massachusetts law, the court considers several factors before deciding on how to divide the property equitably. Some of these considerations include:
- The age and health status of you and your spouse
- The length of your marriage
- Your income, education, and earning ability.
- Your current and future financial needs
- Your behavior during the marriage period
The law courts of Massachusetts divides the assets and properties after a divorce equitably. Even then, there are moments where they make exceptions. A good example is when you or your spouse has misconduct that affects the family financially. The court has the right to provide the innocent spouse with a more significant percentage to the property.
This information is provided to give you an idea of how property is divided after a divorce in Massachusetts. You should not take it as legal advice.