Massachusetts Divorce Property Division

What the Law Says

Massachusetts courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

Massachusetts has one of the broadest division statutes in the country: G.L. c. 208, §34 lets the court assign all or any part of either spouse's estate, whenever and however acquired, with no presumption of equal division. The statute requires the court to consider the length of the marriage; the conduct of the parties during the marriage (fault is relevant in Massachusetts); each party's age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs; the opportunity of each for future acquisition of capital assets and income; the amount and duration of any alimony; and the present and future needs of the dependent children. It further permits weighing each party's contribution to the acquisition, preservation, or appreciation in value of the estates and the contribution of each as a homemaker.

Division Factors (Mass. Gen. Laws ch. 208, §34)

What Massachusetts courts weigh:

1. Length of the marriage (G.L. c. 208, §34)
2. Conduct of the parties during the marriage
3. Age, health, station, and occupation of each party
4. Amount and sources of income, vocational skills, and employability of each party
5. Estate, liabilities, and needs of each party
6. Opportunity of each party for future acquisition of capital assets and income
7. Amount and duration of alimony, if any, awarded under the judgment
8. Present and future needs of the dependent children of the marriage
9. Contribution of each party in the acquisition, preservation, or appreciation in value of the respective estates (discretionary consideration)
10. Contribution of each party as a homemaker to the family unit (discretionary consideration)

Common Questions