Fedele and Murray, P.C.

17 Walpole Street, Norwood, MA 02062-3318 - (781) 551-5900

Division of Property

Massachusetts is an "equitable division state." Equitable division means that any asset a party to a divorce owns, regardless of how it was acquired or whose name it is in, is considered a marital asset which may be subject to division by the court. In dividing marital assets, the court is to take into account the factors set forth by statute. Those factors include:

The court may consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit.

The court has a great deal of discretion in dividing assets and can grant one party a larger percentage of the assets based upon the statutory factors. Although conduct is a factor to be taken into account, it typically plays a very minor role in the court's determination. It is fair to say that for most parties the court will look to divide the assets on a 50/50 basis.

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