Susan Rossi Cook, Attorney and Mediator

Marital Property Division Archives

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.

How can a prenup help if my marriage ends in divorce?

A prenuptial agreement, sometimes called a "prenup," is a contract that individuals enter into with their soon-to-be marital partners. In Massachusetts, individuals create prenuptial agreements to protect their premarital assets, avoid incurring the costs of their future spouses' debts and to divide marital assets in the event that their marriages end in divorce.

Divorcing partners can agree about value of marital property

Previous posts here have discussed how Massachusetts is not a community property state. To this end, marital partners may own separate property to which their spouses do not have rights to claim; they may also own marital property jointly. When working through a divorce, it is customary for parties to retain their separate property, but the disposition of their marital property can be somewhat more complex.

The role of separate property in the division of marital assets

Marital property is the property that the partners to a couple acquire together and after their relationship has been formalized with a marriage. Separate property is property that the partners to a couple owned prior to their union, that they do not convert to marital property once they are married, or that they acquire through gifts or inheritances after entering into their marriages. In Massachusetts, marital property is divided equitably between the partners during a divorce while separate property remains under the exclusive ownership of the original owner.

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Susan Rossi Cook, Attorney and Mediator


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