When couples in Massachusetts decide to divorce, one of the most pressing questions is how their marital assets will be divided. Many people assume shared assets—such as the family home, vehicles bought during the marriage, and personal belongings— are divided according to a strict 50/50 rule, where everything is split down the middle. While this idea may seem straightforward, the reality of asset division in Massachusetts is much more nuanced. The state does not mandate an equal split of assets, but rather a "fair" division that considers various factors unique to each marriage.
Massachusetts & the "Equitable Distribution" Standard
Unlike some states that adhere to a community property system, where assets are divided equally between divorcing spouses, Massachusetts follows the principle of equitable distribution. This means that the division of marital property is based on what is deemed “fair,” not necessarily equal. The core idea behind equitable distribution is that the division of assets should reflect each spouse's contributions to the marriage and their financial needs going forward.
What Factors Determine How Assets Will Be Divided in My Divorce?
When determining how to fairly divide assets in a divorce, the court considers a broad range of factors, including:
- The length of the marriage: Longer marriages tend to have a more equal distribution of assets, as both spouses are typically entitled to a fair share of the accumulated wealth.
- Each spouse’s financial and non-financial contributions: This includes both income earned and non-monetary contributions, such as homemaking and child-rearing.
- The age and health of both parties: Older spouses or those with health issues might receive a larger share to ensure their future financial stability.
- The needs of any children: If children are involved, their needs (such as child support and custody arrangements) will heavily influence the distribution of assets.
- The opportunity for future income: If one spouse has a significantly higher earning potential, the court may award a larger portion of the marital assets to the other spouse to balance financial opportunities post-divorce.
- Contributions to property acquired during the marriage: The court will also assess how the property was acquired—whether one spouse contributed significantly more financially or through other means.
Given these factors, a 50/50 split can occur, but it is not a guarantee. The primary goal is to achieve fairness, which sometimes results in a distribution that is not perfectly equal but is “fair” based on the circumstances of the case.
Of course, the “fairness” of asset division is decided by the court, not by the individual spouses. This can result in disagreements regarding what is truly fair, as the court does not necessarily recognize the many complexities and nuances of your marriage. Because of this, it is extremely helpful to have an experienced divorce attorney by your side who can advocate for your interests.
Understanding the Division of Specific Assets
When it comes to dividing specific assets, such as a family home or retirement savings, the court again looks at fairness rather than strict equality.
Dividing the Family Home
The family home is often the most significant asset in a divorce, and its division can be complicated. In Massachusetts, the value of the home will be considered a marital asset if it was purchased during the marriage. However, if one spouse owned the home prior to the marriage, it may still be considered part of the marital estate if the other spouse made significant contributions to the property’s upkeep, mortgage payments, or improvements.
In many cases, one spouse may choose to buy out the other spouse’s interest in the home to avoid selling the property, especially if children are involved and maintaining stability is important. However, if both parties cannot agree on what to do with the property, the court may order the sale of the home and split the proceeds.
Retirement Accounts and Pensions
Retirement accounts, such as 401(k)s, pensions, and IRAs, are typically considered marital assets if they were accrued during the marriage. Dividing retirement accounts often requires a Qualified Domestic Relations Order (QDRO), a legal order that directs the plan administrator to divide the account and allocate the correct portion to each spouse. These accounts are not automatically split in half; instead, they are divided based on what the court determines is fair, considering factors like the length of the marriage and each spouse’s financial needs in the future.
Business Interests
If one or both spouses own a business, its value will also be considered during asset division. Determining the value of a business can be complex, and the court may appoint a professional to assess the business's worth. If one spouse is awarded ownership of the business, the other spouse may receive other assets of equal value to make the division fair.
Alimony & Asset Division: A Complex Relationship
Another important factor to consider is how alimony (spousal support) might affect the division of marital assets. Alimony is intended to help one spouse maintain a similar standard of living to what they enjoyed during the marriage. When determining alimony, the court considers many of the same factors used in dividing assets, including the length of the marriage, the financial and non-financial contributions of each spouse, and the earning capacity of both parties.
Alimony and asset division are intertwined, as one spouse may receive more in assets in exchange for a reduced alimony payment, or vice versa. The final settlement, including both alimony and property division, aims to achieve fairness and meet the needs of both spouses after the divorce.
Can You Expect a 50/50 Split?
The simple answer is that Massachusetts does not automatically guarantee a 50/50 split of marital assets. However, a fair distribution is likely to result in an outcome that reflects the contributions and needs of both parties. In some cases, a 50/50 split may be appropriate, especially if both spouses contributed equally to the marriage and have similar financial needs. In other cases, one spouse may receive a larger share based on factors like the length of marriage, health concerns, or economic circumstances. It is quite possible to receive a 60/40, 70/30, or some other type of split in your divorce.
It’s essential to approach asset division in a Massachusetts divorce with an understanding of the equitable distribution standard and to consult with a qualified family law attorney who can help guide you through the process. An attorney can help ensure that your interests are represented and that any division of assets is fair and legally sound.