Ellen and Earl have been married for over 20 years. Their age is a key factor in the divorce. During the marriage, Earl worked full-time as an engineer, while Ellen stayed home to care for the parties’ two children. Ellen finished high school. Once the kids learned to drive, she returned to part-time work at a retail store.
However, Earl’s recent complaint for divorce has thrown Ellen for a loop. She has limited employable skills. Plus, she is in her fifties and worries about returning to full-time work. Ellen wonders if her age will have anything to do with how the court will divide the marital property. Will the Court consider her plight in allowing her to keep her marital home, for example?
The Massachusetts Probate and Family Courts use a process called equitable distribution to divide marital property in general. Here, “equitable” means “fair”, not necessarily equal. The court divides marital property fairly based on various factors, including age and employability.
Typically, the older the parties are, the more important their age becomes when factoring it into the Court’s decision regarding assignment of the marital estate. In particular, if one party is elderly and has devoted a large part of his or her life to homemaking, and if the couple had a long-term marriage, then those factors coupled together will pose an important consideration for the Court. By contrast, if the couple is fairly young, with good prospects for employability, and had a fairly short marriage, then the age of the parties will become a much less important factor in dividing property.
In one case, the Appeals Court considered the advanced age of the wife (in her sixties) who had stayed home with the children, ran the household, and assisted the husband in his medical practice during a 36-year marriage. The Court held that the wife was unlikely to become financially independent, and that the trial court’s decision to award alimony and property to the wife was fair and equitable.[1]
If you have any questions about property division issues, you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours or complete a contact form here, and we will get back to you at our earliest opportunity.
[1] Serino v. Serino, 6 Mass. App. Ct. 926 (1978).