One of the most critical aspects of divorce proceedings is the division of marital assets. In this article, we provide helpful and informative content on how Massachusetts law handles the division of marital assets and how you can protect your financial interests during this process.
Understanding Marital Assets
Before we delve into the division process, it’s essential to understand what constitutes marital assets. In Massachusetts, marital assets are generally considered to be any property or debts acquired during the course of the marriage. This includes real estate, bank accounts, retirement funds, investments, businesses, vehicles, and personal belongings, among others.
However, it’s crucial to note that not all assets are automatically considered marital. Assets obtained before the marriage, inheritances, and gifts specifically given to one spouse are typically considered separate property and may not be subject to division. Nevertheless, commingling of separate and marital assets can complicate matters, making it crucial to seek professional advice to distinguish between the two.
Equitable Distribution in Massachusetts
Massachusetts follows the principle of “equitable distribution” when dividing marital assets. This means that assets are not necessarily divided 50/50 but in a manner deemed fair and just by the court. In determining what is equitable, the court considers various factors, including:
- Length of the Marriage: The duration of the marriage can influence how assets are divided. Longer marriages may result in a more even distribution.
- Contribution to the Marriage: The court assesses the financial and non-financial contributions of each spouse to the marriage. Contributions can include homemaking, child-rearing, and career sacrifices for the benefit of the family.
- Individual Assets and Liabilities: The court takes into account each spouse’s separate assets, debts, and financial standing when making the division.
- Future Financial Prospects: The court considers the earning potential and employability of each spouse post-divorce.
- Custody and Support: If child custody and support are involved, it may impact the division of assets to ensure the well-being of the children.
- Health and Age: The health and age of each spouse are also taken into account, especially if one spouse requires more financial support.
Protecting Your Financial Interests
Protecting your financial interests during the division of marital assets is of paramount importance. Here are some practical steps to consider:
1. Consult an Experienced Family Law Attorney
Navigating the complexities of asset division requires expertise in family law. Consulting an experienced attorney will ensure that your rights are protected, and you receive a fair settlement.
2. Gather Complete Financial Information
Be diligent in collecting all financial information related to marital assets and debts. This includes bank statements, tax returns, property valuations, retirement account details, and any other relevant documents. Having a clear picture of your financial situation will empower you during negotiations.
3. Identify and Value Marital Assets
Ensure that you and your attorney carefully identify and value all marital assets. This may require the help of financial professionals, especially for complex assets such as businesses or investments.
4. Consider Mediation or Collaborative Divorce
Litigation can be emotionally draining and costly. Mediation or collaborative divorce processes offer a more amicable and efficient way to reach a mutually satisfactory settlement, keeping your financial interests in mind.
5. Don’t Let Emotions Dictate Decisions
Divorce can evoke strong emotions, making it challenging to approach asset division objectively. Make an effort to separate emotions from financial decisions and focus on what is best for your long-term financial security.
6. Plan for the Future
Consider the long-term implications of the asset division. Think about how the distribution will impact your financial stability and future goals, especially regarding retirement plans and other significant investments.
Divorce is undeniably difficult, but understanding the division of marital assets in Massachusetts can help you protect your financial interests and navigate the process more confidently. Our dedicated team of family law attorneys and staff is committed to guiding you through this challenging time and ensuring your rights are safeguarded. If you are facing divorce or have questions about asset division, don’t hesitate to reach out for a case evaluation. Remember, informed decisions today can pave the way for a more secure tomorrow.
