Divorce Asset Division

Possibly. Although inherited assets often receive different treatment than other property, the Massachusetts Probate and Family Court has authority to consider inherited property when determining an equitable division of assets. Whether an inheritance will affect the property division depends on the unique facts of each [...]

Possibly. Massachusetts law differs from many other states because the Probate and Family Court has broad authority to divide property owned by either spouse when appropriate. Whether premarital property is divided depends on the specific facts of the case and the factors the court is [...]

Yes. Many couples resolve property division through negotiation or mediation. If an agreement is reached, it is typically incorporated into a separation agreement and submitted to the court for approval as part of the divorce

Yes. Property division includes both assets and liabilities. The court may allocate responsibility for mortgages, loans, credit cards, tax obligations, and other marital debts as part of the overall financial division.

Business interests often require valuation and careful financial analysis before they can be addressed as part of a divorce settlement or trial.

They can be. Retirement accounts, pensions, and other retirement benefits are frequently addressed during divorce and may require additional legal steps, such as a Qualified Domestic Relations Order (QDRO), to divide certain retirement assets.

The outcome depends on the family's circumstances. Some couples sell the home, one spouse buys out the other's interest, or one spouse retains the property as part of the overall property division.

Possibly. Depending on the circumstances, inherited property may be considered by the court when dividing assets. Whether and how an inheritance is treated depends on the facts of each case and the applicable law.

No. Massachusetts follows the principle of equitable division, meaning the court divides property in a manner it determines is fair under the circumstances. A fair division is not necessarily an equal division.

Massachusetts follows the principle of equitable division, meaning the court divides marital property in a manner it determines is fair based on the circumstances of the case. Property division does not necessarily mean an equal division of assets.