How to divide marital assets in Massachusetts?

In Massachusetts, dividing marital property is one of the most contested issues in a divorce case.  Massachusetts is not a community property state where everything is divided equally. It is called an “Equitable Distribution State,” which means that things are supposed to be divided fairly under General Laws Section 34 factors. The focus is more on the economic partnership of marriage, and the courts consider both financial and non-financial contributions, as well as dividing assets.  So, for example, stay-at-home parents or supporting a spouse’s career, homeland contributions matter as well.

Generally, the longer the marriage is, the more economic partnership the court considers it to be, but everything is factual. Sometimes, when the court may deviate from a close to 50/50 division, it is if one of the spouses has dissipated assets, if there is a large disparity in earning abilities, or if one party brought substantial assets into the marriage.  There is also a look at the spousal opportunity for future ability to have assets or income in the future.