Equitable Distribution in a Boston Divorce
At Turco Legal, our Boston family law and divorce attorneys provide pragmatic, forward-looking legal guidance and support to our clients. We can help you navigate the complexities of a divorce. If you have specific questions about dividing property and equitable distribution in a divorce in Suffolk County, we are here to help. To arrange a completely confidential consultation with a Massachusetts divorce lawyer, please do not hesitate to contact us at our Boston law office.
Property Division in a Massachusetts Divorce: Equitable Distribution
Are you preparing for a divorce in Suffolk County? If so, you must understand your rights and responsibilities under state law. Massachusetts is an equitable distribution jurisdiction for property division in a divorce. Unlike what occurs in community property states, Massachusetts probate and family courts are not required to split a divorcing couple’s property in a 50-50 manner. Instead, Massachusetts courts divide property equitably (fairly) with consideration of the specific situation. Under Massachusetts law (Section 34 of M.G.L. Chapter 208), a judge can consider a wide range of factors when equitably dividing property in a divorce, including:
- The length of the marriage;
- The age and health condition of each spouse;
- Any sacrifices made by the spouses to support the marriage;
- The financial prospects (and needs) of each party; and,
- Any marital misconduct that contributed to the divorce.
Know the Difference Between Separate Property and Marital Property
When preparing for the division of property in a divorce, one of the first things you need to think about is whether you have marital assets, separate assets, or a combination of both. Massachusetts law makes a distinction between marital property and separate property.
Marital property includes all property obtained after the start of the marriage. Marital property is subject to equitable distribution in Massachusetts. It will be split between the spouses in a manner determined to be most fair.
Some property owned by a spouse may be classified as separate. Assets owned before the start of a marriage may be kept as separate property. Separate property may not be subject to equitable distribution. In certain situations, a spouse may retain their separate property.
However, it is important to emphasize that separate property is complex in Massachusetts. In some cases, it can become marital property due to the actions of the parties. For example, commingled separate property will likely be viewed as marital property in a Boston divorce.
Most Divorcing Couples Can Benefit from Amicable Solutions
Dividing property is logistically challenging—especially if you and your spouse have been married for a significant period. There can also be an emotional attachment to property. For these reasons, it is relatively common for divorcing couples in Massachusetts to get locked into a dispute over property division. Still, most divorcing couples desire a low-conflict, cost-effective resolution.
We know the benefits of amicable solutions in divorce. So, our Boston family law and divorce lawyers are always ready to help our clients find a low-conflict resolution that works for them. We are also a law firm with significant trial experience. If a trial is necessary in your case, our attorneys are ready to protect your rights.
How the Boston Family Law and Divorce Lawyers at Turco Legal Can Help
Dividing assets and debts in a divorce can be challenging. You do not have to figure everything out on your own. At Turco Legal, we are dedicated to helping our clients find the solution that best meets their needs. Among other things, our Boston divorce lawyers are prepared to:
- Listen to your story and answer your questions;
- Help you understand the Massachusetts equitable distribution approach;
- Gather all of the documents, records, and information you need;
- Advocate for you in property division negotiations; and,
- Provide comprehensive divorce representation focused on securing the best future for you.
No two divorces are exactly alike. You need a Boston divorce lawyer who will give personalized attention to your case. We encourage you to review our client testimonials and contact us directly if you have any specific questions about divorce or family law in Suffolk County.
Call Our Boston Divorce Attorneys for Immediate Help
At Turco Legal, our Boston divorce lawyers are diligent, solutions-oriented advocates for our clients. We handle the full range of family law matters. If you have specific questions about your rights or your options, we can help. Call us at (978) 225-9030 or click here to schedule a confidential consultation with a lawyer. Our legal team provides divorce and family law representation in Boston, Suffolk County, and throughout the surrounding region.