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Other states, including Massachusetts, are ?equitable distribution? states, meaning that assets held by either party acquired either before or during the marriage, including assets received via gift or inheritance or assets held at the time of the marriage, are ?equitably? divided at the time of divorce.
Adultery generally does not impact the division of property and assets in a divorce, as this is determined through the process of equitable distribution in Massachusetts. If it can be proven, however, that marital assets were used in the commission of adultery, that could affect how property is divided.
Who Gets the Family Home in a Massachusetts Divorce? Massachusetts law doesn't specify who should get to keep the family home after divorce. As such, the house is just another asset subject to equitable distribution.
How to Write a Divorce Agreement Date of the agreement. Full name of both spouses. Marriage date and location. Date of marriage end. Child support and custody arrangements. Spousal support terms and conditions. Life and health insurance. Division of spousal assets and property.
For example, when one spouse contributed significantly more to the marriage than the other, the spouse that contributed more may get more than 50%. On the other hand, the longer the marriage and the more equal the contributions, the more likely it is that the court will order the parties to share the proceeds equally.
Massachusetts is one of the remaining 41 states that have an ?equitable distribution? policy. Division of assets is based on what the court decides is ?fair and equitable?. This could result in a 50/50 split, but this is not a given, regardless of how long you have been married.
Parties to the divorce may also draft their own Separation Agreements but for those couples who want to ensure the document is drafted correctly the first time should consider consulting an expert. MWI is available at 617-895-4028 to assist or to provide a free consultation.