Attleboro, Massachusetts: Divorce and Property Division
Bristol County ∙ Norfolk County ∙ Plymouth County ∙ Barnstable County ∙ Worcester County
In some divorce proceedings, the most conflict-ridden issue is the custody of the children. In other divorces, the most argued-over decisions have to do with division of marital property and division of marital debt.
If you are considering a divorce, and you predict that conflict over division of marital property is going to be a contentious issue, you would be well-served to hire a divorce attorney with advanced knowledge of property division legal issues.
At Volterra, Goldberg & Jacobs, our attorneys each have more than a decade's experience handling family law matters — including property division arguments — in Massachusetts' courts. One of our partners, attorney Max Volterra, is a certified financial planner as well as a certified family law mediator.
In addition, our law firm has the necessary resources to support a drawn-out argument regarding division of marital property. We have excellent working relationships with forensic accountants, real estate appraisers, business valuation experts and other financial experts — and expert advice is often needed in divorce cases involving high assets.
The Basics of Marital Property Division in Massachusetts
Massachusetts follows the rules of "equitable distribution" in divorce cases. Equitable distribution means that the court is not required to divide the marital property exactly equally. Instead, the court will make property division decisions based on what is fair to both parties. In determining what is fair, or equitable, the judge will look at the length of the marriage, the age and health of the parties, and the financial and other contributions that each party made during the life of the marriage.
Conflicts often arise over the division of marital property in situations involving:
- Inheritance money or gifts made to only one spouse — Did the spouse keep the funds separate or were they used for joint needs?
- Is one party in poor health or unable to work for other reasons? In such situations, the court may award a greater percentage of the marital property to the non-working spouse.
- Retirement benefits and pensions — a share of these benefits must usually be shared with the other spouse.
- Real estate — Did either spouse own a home before the marriage? How will responsibility for paying the mortgage be divided?
- How will family-owned businesses be valuated, and how will each spouse be compensated for his or her efforts in running the business during the course of the marriage?
Contact Volterra, Goldberg & Jacobs, Law Counsellors, Inc.
For well-prepared and knowledgeable advice regarding marital property division, we encourage you to contact our office to schedule a confidential consultation with one of our lawyers. Call (508) 455-3241 or send us an e-mail.
