Equitable Distribution in an Andover Divorce
At Turco Legal, our Andover divorce and family law attorneys are knowledgeable, solution-driven advocates for our clients. Our law firm is committed to helping people achieve the best outcome in their divorce or other family law case. If you have any questions about property distribution in a divorce, we are here to help. To set up a fully confidential initial consultation with a Massachusetts family law attorney, please do not hesitate to contact our Andover law office today.
Massachusetts Is an Equitable Distribution State
You may be wondering: How is property divided in a divorce in Massachusetts? The answer depends on the specific circumstances of your case. Massachusetts is an equitable distribution jurisdiction. Broadly defined, equitable distribution means a “fair” distribution. It could be a 50/50 split of the assets, but Massachusetts law does not require that. A Massachusetts probate and family court can award an unequal division of marital property if the court deems that necessary to create an equitable (fair) result. Some of the factors listed under Massachusetts law (Section 34 of M.G.L. Chapter 208) that courts can consider when dividing property in a divorce include:
- The duration of the marriage;
- The conduct of the spouses during the marriage;
- The current age and health status of each party;
- The current and future financial prospects of each party; and,
- Any sacrifices or contributions made to support marriage/family.
Understanding Marital Property and Separate Property
It is important to know the difference between marital property and separate property. Under Massachusetts law, all property obtained during the marriage is defined as marital property. Those assets are subject to equitable distribution. Each spouse will receive their fair share of the marital property.
In contrast, property and assets owned by one spouse before the marriage are considered separate property. Separate property is not always divided in a divorce in Massachusetts. One spouse may be permitted to keep sole ownership of their separate property in certain circumstances.
However, dealing with separate property can be complicated. If the separate property was commingled—for example, if marital funds were used to improve or maintain the separate property—it could still be subject to equitable distribution in a divorce.
We Help Clients Work Toward Amicable Solutions—But Are Always Ready for Trial
Few people file for divorce looking for a fight. While ending a marriage and dividing property/assets is always challenging, there are often mutually-agreeable solutions available. Our Andover divorce lawyers emphasized helping our clients explore every available settlement option—saving time, money, and stress.
At the same time, the reality is that a mutually agreed-upon divorce settlement may not be possible in every situation. You may be dealing with a spouse who refuses to act in good faith. With extensive experience in family law cases, our Andover divorce lawyers are always ready to take your case to trial if needed to protect your legal rights and financial interests.
How the Andover Divorce Lawyers at Turco Legal Can Help
Getting a divorce is never easy—and property division can be one of the most contentious issues. You do not have to go through it alone. At Turco Legal, we have successfully handled more than 1,000 divorce and family law cases, including much involving complex property division. When you call our Andover office, you will be able to speak with a Massachusetts divorce attorney who can:
- Listen to your story, answer your questions, and explain the next steps;
- Investigate the matter, gathering all documents and records about your property interests;
- Ensure that you understand the proper valuation of all of your property;
- Represent you in negotiations with your spouse regarding the division of property in your divorce; and,
- Devise a comprehensive divorce/separation strategy focused on getting you the best outcome.
The equitable distribution of property looks different in every divorce case. You deserve personalized legal representation from an Andover divorce lawyer who will put in the time and resources necessary to protect your best interests. With a record of excellent client testimonials and reviews, people count on our Massachusetts family law team for reliable guidance and support.
Call Our Andover Divorce and Family Law Attorneys for Immediate Assistance
At Turco Legal, our Andover divorce lawyers have the skills and legal experience to help clients with the full range of family law matters, including property division in a divorce. If you have any specific questions about your legal rights or legal responsibilities, we are here to help. Call us at (978) 225-9030 or contact us online to set up your confidential, no-obligation consultation. We handle divorce and family law cases in Andover and throughout Essex County.