Susan Rossi Cook, Attorney and Mediator

Marital Property Division Archives

Massachusetts couples should understand property division

Knowing how property will be divided during divorce, and knowing what to anticipate, can help divorcing couples better plan for the property division process and prioritize their needs and concerns related to it. To begin with, divorcing couples in Massachusetts should understand that Massachusetts follows equitable division property division rules during divorce which calls for a fair division of property.

How do I get alimony during my divorce?

There are many divorce-related issues couples will need to resolve during their divorce but if you are seeking alimony, you may wonder how you can get it. There are different types of alimony and understanding what those are can help divorcing spouses determine if alimony will be granted.

How are military benefits divided during divorce?

Knowing how military benefits will be divided during divorce may understandably be a top concern for divorcing couples when one or both spouses is in the military. Divorcing military couples should be familiar with both civil laws, which include divorce laws, and military regulations.

How will our property be divided when we divorce?

Property division can be a top concern for divorcing couples during the divorce process. For that reason, it is important for divorcing couples to understand the property division process and to get answers to their questions such as which spouse will receive the family home.

The basics of division of retirement assets during divorce

When dividing retirement assets during divorce, there are some pitfalls divorcing spouses can fall into so it is helpful to be familiar with what they are. Child custody, child support and other concerns can already be challenging for divorcing couples who must still contend with property division concerns and dividing all their property, including retirement accounts.

What should I expect from my property division settlement?

Property division can be one of the most challenging aspects of any divorce, so understanding it can become extremely important. There are many different types of property that may need to be divided during the course of marriage dissolution, including the marital home or other real estate, retirement accounts, investments, home furnishings, cars, and even a family business. With so much at stake, knowing what to expect from the property division process can be crucial.

The different types of alimony in Massachusetts

Alimony is an important part of the divorce process for both spouses. Both the paying spouse and the recipient spouse will want to know what type of alimony award might be made in a divorce and should understand the different types of alimony that are possible according to Massachusetts laws. Generally, there are four types of alimony that may be awarded including general term alimony, rehabilitative alimony, reimbursement alimony and transitional alimony.

How is property division determined in Massachusetts?

Property division can be a significant concern for divorcing couples which is why it can be helpful to understand how it is determined in Massachusetts. Divorcing couples might have many questions concerning property division so some answers regarding how to expect property will be divided can be helpful.

Know your rights when dividing your marital estate

It seems fair that a person should be entitled to keep that which they earn. That is to say, a Massachusetts resident may believe that they should get to take from their marriage the financial contributions that they make to it during the years they are bound to their spouse. This is not the case in many divorces, as courts must balance the equities of the partners and assess how each contributed to the success of the relationship over the course of its lifetime.

Factors considered during the division of marital property

Several prior posts here have discussed the difference between separate property and marital property when it comes to a divorce. While the parties to a divorce generally walk away from their marriages with their separate property, they may have to await a judicial decision to know what portion of their marital property will be theirs. This post will briefly touch on some of the factors that courts may look at to decide how to divide marital property, but readers are asked to discuss their case-specific concerns with their legal representatives.

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Susan Rossi Cook, Attorney and Mediator

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