Massachusetts Property Distribution Laws

Massachusetts Property Distribution Issues & Resources


Massachusetts Property Distribution



A Massachusetts divorce court will divide property "equitably" based upon the following factors:
  • the contribution of each spouse to the acquisition, preservation, or appreciation in value of the property, including the contribution of each spouse as homemaker; 

  • the length of the marriage; 

  • the age and health of the spouses; 

  • the occupation of the spouses; 

  • the amount and sources of income of the spouses;

  • the vocational skills of the spouses; 

  • the employability of the spouses;

  • the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

  • the conduct of the parties during the marriage (if the grounds for divorce are fault-based); and 

  • any health insurance coverage. 

If the grounds for the Massachusetts divorce are an irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement, the Court may not consider marital fault in dividing the property.

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