What Main Factors that Would Cause Unequal Distribution of Property in a Massachusetts Divorce?
Under Massachusetts law (M.G.L. c. 208, § 34), an equitable distribution standard is used for the division of marital property in a divorce. Equitable distribution means a fair distribution. A 50/50 split, while common, is not guaranteed by Commonwealth law. Here, our Massachusetts divorce attorney provides an overview of the factors that may justify an unequal distribution of property.
The Top Four Reasons Why Massachusetts Courts Award an Unequal Distribution of Assets
Length and Structure of the Marriage
As a general rule, the longer a marriage in Massachusetts, the less likely a court is to award an unequal distribution of property in a divorce. Indeed, courts begin the property division analysis by looking at the overall structure of the marriage itself. M.G.L. c. 208, § 34 requires judges to consider the length of the marriage as a major material factor when allocating marital property. In a long-term marriage, courts often view the marital estate as the product of a joint economic partnership. Shorter marriages can produce a different outcome. When a marriage lasts only a few years, courts sometimes attempt to return the parties closer to the financial position they held before the marriage began.
Contributions to Family (Especially Child-Rearing)
Massachusetts courts evaluate each spouse’s contribution to the marital partnership. The statute expressly recognizes that contributions can take many forms. A spouse who earned income, managed a business, or invested assets clearly contributed financially. However, the law also recognizes non-economic contributions as equally significant. Most notably, a spouse who assumed primary responsibility for raising children or managing the household often enabled the other spouse to pursue career advancement or build business interests.
Income, Employability, and Future Financial Circumstances of Each Party
Another factor that frequently influences property division is the future financial position of each spouse. Commonwealth law directs courts to examine income, vocational skills, employability, and the opportunity of each spouse to acquire future assets and income. Notably, this factor is also a big issue in spousal support cases. Still, it can also be a factor in determining property division.
The Source of Assets and Conduct of the Spouses During the Marriage
Massachusetts law also allows judges to consider the source of marital assets. Some property may have entered the marriage through inheritance, gifts, or premarital ownership. Although such property can still be divided under Massachusetts law, judges frequently weigh its origin when determining how it should be allocated.
The conduct of the parties during the marriage can also influence the outcome. Courts rarely punish ordinary marital misconduct in property division. However, financial misconduct may carry a lot of weight for property division. For example, if a spouse racked up tons of debt losses shortly before the divorce, that can be a factor in awarding the other a greater share of the property.
Contact Our Massachusetts Divorce Lawyer Today
At Reade Law Firm, PC, our Massachusetts divorce lawyer has extensive experience handling property division cases. If you have any questions about an unequal distribution, we can help. Contact us today to set up your fully private, no obligation case review. From our Peabody law office, we handle divorce cases in Essex County and throughout the region in Massachusetts.
Source:
malegislature.gov/Laws/GeneralLaws/Partii/Titleiii/Chapter208/Section34