Stoughton Property Division Lawyers
Property division is often a sensitive issue that may lead to divorce settlement negotiations deteriorating, requiring court intervention. At Walters Law Offices, PC, we practice in the area of divorce, meaning we understand the nuances of the law concerning property division. Stoughton property division attorney Kevin Walters will work closely with you.
All Assets are Subject to Equitable Division
Property can be broken down into two categories: separate property and marital property. Separate property, also called nonmarital property, refers to the property each party owned prior to the marriage. Marital property typically refers to all property acquired during the marriage. In Massachusetts, unlike many other states, both marital property and separate property are subject to division.
Ensuring You Receive
Your Fair Share in Divorce
Property that may be subject to division in Massachusetts includes, and is not limited to, the marital home, retirement accounts, inheritances, antiques, collections, and automobiles.
In Massachusetts, equitable distribution is the standard. From the court’s perspective, equitable means fair. Sometimes, it means equal. While a 50-50 division of assets is often a common starting point for analysis, particularly in long-term marriages, ultimately the division of assets is evaluated based upon multiple factors. Factors that will be reviewed in connection with a property division analysis range from each spouse’s contribution to the marital estate to the conduct of the parties. Each factor carries a different weight from the court’s perspective and, likewise, each factor is largely dependent upon the individual circumstances of your situation.
Attorney Walters is committed to getting a fair outcome for you and at Walters Law Offices, we will carefully evaluate each factor involved in your family equation.
Property Division Consultation
Contact us online or by phone at 781-436-5288 to schedule a meeting about property division with a trusted lawyer serving the Boston Metro area.
Division of property during divorce can be complex, especially when you or your spouse owns a business or professional practice. Massachusetts, unlike some other states, does not draw an absolute distinction between assets acquired before or during the marriage. Therefore, even if you owned the business before you got married, the business is open to equitable division by the court upon divorce.
People often have questions about what will happen to their 401(k) in divorce and how their other retirement accounts will be handled. When you get divorced, any retirement assets you or your spouse have are subject to property division.