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Divorce FAQ

Helping you navigate complex family matters.

How Is Property Split in Massachusetts Divorce?

States in the U.S. divide property by method of equitable distribution or community property (sometimes a combination). In Massachusetts, property is divided equitably, which means that all marital property is divided fairly but not necessarily equally. Massachusetts follows an equitable distribution statute that is based on 20 or 25 different factors. The judge will weigh the facts against these factors and determine what’s fair. Equitable doesn’t mean equal, but it means what’s fair based on those 20 or 25 factors. If you look on the website, you are going to see a worksheet called Who Gets What? and it outlines all the factors. Here’s a strategy and here’s how we work with our clients.

The factors start with:

  • Length of the marriage
  • Conduct of the parties during the marriage
  • Age of the parties
  • Employability

What we ask our clients to do is tell us a story about your marriage under those 20 or 25 different headings. We know the law. You know the facts. When we put the facts with the law together, we have a compelling story as to how property should be divided. We take all of your assets and all belongings—from bank accounts, retirement accounts, your belongings, stocks, or pensions. We add up all the debt and subtract it from the assets and that will equal the net total of your estate. At Miller Law Group, P.C. we can help present it to the court and get you your fair share of the property division.

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