Divorce & Family Law

Divorce in Massachusetts

Divorce cases in Massachusetts are governed by a statutory scheme set forth in G.L. c. 208, as well as case law. The issues in divorce cases fall into several very broad categories: the custody and care of children, the division of assets and liabilities, financial support of children, and alimony. Detailed information regarding child custody may be found HERE. Detailed information regarding child support may be found HERE. And detailed information regarding alimony may be found HERE.

Division of Assets and Debts

How the court will divide assets and debts is governed by G.L. c. 208, s. 34. Unlike certain other states, Massachusetts does not have a bright line "50-50" rule. In other words, there is no presumption in the law that the parties will equally share the assets and the debts of the marriage. Instead, the Court divides assets and debts based on what it decides is "fair and equitable." Further, there is no presumption that assets owned by one spouse prior to the marriage stay with that spouse after the divorce. Instead, the Court has the power to assign to either spouse assets owned by the other party. Whether an asset is titled to only one spouse is also not determinative of which spouse will end up with the asset after a divorce.

Factors Considered by the Court

G.L. c. 208, s. 34 lists a number of factors which the Court is to consider in determining what is "fair and equitable."

The factors which a Court must consider are the following:

• length of the marriage,
• the conduct of the parties during the marriage,
• the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties,
• the opportunity of each for future acquisition of capital assets and income,
• the amount and duration of alimony, if any, awarded by the Court, and
• present and future needs of the dependent children of the marriage.

The Court may consider the following additional factors:

• the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates, and
• the contribution of each of the parties as a homemaker to the family unit.

Courts recognize the value of non-financial contributions to the marital enterprise, and so the spouse who earned a greater income will not be given special consideration. In other words, a court will look at the broad picture of the marriage, and each spouse’s role and contributions.

Common Property Division Issues

A variety of issues arise relative to the division of property. There are too many to comprehensively list here, but common issues include:

• Did one spouse bring the asset to the marriage?
• Was the asset gifted to the couple by one spouse’s family member, or inherited by one spouse?
• Was the asset kept separate and apart from the marriage, and never “woven into the fabric of the marriage”?
• What if one spouse “wasted” marital assets by way of a gambling or other addiction?
• Did the parties cohabitate before the marriage?
• What happens with assets acquired through employment, such as stock options?

Disputes often arise over the value of assets. Real estate is typically valued by way of appraisals from licensed real estate appraisers. Businesses owned by one or both spouses also may be valued by business valuation experts. It is possible to obtain appraisals of other personal property (e.g., special collections, antiques, art, cars, wine, etc.); however, such appraisals should be sought only when the value is expected to be significant.

The above is just a broad overview of some of the more significant issues that arise with divorce and is by no means a comprehensive statement of applicable law. The team at Fleet Law, P.C., will thoroughly discuss with you all issues in your case and answer all questions you may have.