How Are Assets and Property Divided in Massachusetts?

Massachusetts is an equitable division state, but equitable does not mean equal. It means reaching a fair settlement in consideration of your financial needs.

At the law firm of Linda Sternberg, Esquire, our attorneys will work with you to obtain the property settlement you need. Together, we will establish short- and long-term goals and work toward a final resolution of your particular financial situation to achieve an outcome that protects your interests.

What Is Considered in the Equitable Division Process?

In Massachusetts, all assets are subject to equitable division, whether accumulated before or during the marriage, including gifts, inheritances, and retirement and pension plans, whether in one spouse's name or jointly held by both spouses.

Massachusetts courts consider many factors in determining what is equitable. These factors include:

  • The length of the marriage
  • Age and health of each spouse
  • Occupation and earning capacities of each spouse
  • Amount and sources of income
  • Vocational skills, education and employability
  • Liabilities and needs of each of the parties
  • Opportunity of each for future acquisition of capital assets and income
  • Amount and duration of alimony

In Massachusetts, title to the asset is not determinative in the division of assets. The critical issue is how we can fairly divide those assets to address your financial needs during your divorce and in the future.

Helping You Protect Your Most Important Assets

With over 35 years of experience, our firm has helped clients divide their marital assets to meet current and future needs of each spouse and his or her family. Our goal is to walk you through all your options and negotiate your asset division dispute in the best way possible. Let us help you — call the law office of Linda Sternberg, Esquire, at 617-454-4705 to walk through your concerns one-on-one, or reach out online to set up an appointment with our office.