Although many people think that the division of marital assets should be 50/50, this is not always the case. Some states believe in an equitable division rather than an equal split.
An equitable split means the courts decide on a fair split rather than an equal one. It is always better if you and your ex-spouse can come to an agreement on a fair split, but if you cannot, a mediator or judge can help you. They do consider a few different factors when coming to a decision.
Job and future employability
This is one aspect that the courts look at when deciding what is and is not equitable. If an older spouse has been a househusband or housewife all of their life, then it will be difficult for them to get future employment. If the spouse was younger, then it is far easier for them to live on their own without financial help.
Length of marriage
A long-term marriage will sometimes receive a more equal distribution than a short-term marriage.
Marital misconduct
If there is marital misconduct such as adultery or abuse, the courts might decide to award one spouse more of the marital assets than the other.
Obligations of each spouse
A spouse with more obligations will sometimes receive more during distribution. This includes a spouse who has primary custody and the future needs of the children.
Regardless of the assets involved, a 50/50 split of marital assets is not a foregone conclusion. Massachusetts courts will move for an equitable division rather than an equal one.
