What is Equitable Distribution in a Massachusetts Divorce

Divorce is never easy, and dividing marital assets can add a layer of complexity to an already challenging process. In Massachusetts, the principle of equitable distribution governs how assets and liabilities are divided between spouses. But what does equitable distribution actually mean, and how does it work in practice? Let’s break it down.

Understanding Equitable Distribution

Equitable distribution is the legal principle used to divide marital property in a way that is fair, though not necessarily equal. Unlike community property states where assets are split 50/50, Massachusetts focuses on fairness and considers various factors to achieve a just division.

What Is Marital Property?

In Massachusetts, marital property includes any assets or debts acquired during the marriage. This can encompass a broad range of items, from real estate and vehicles to bank accounts, retirement funds, and even debts. Property that was owned before the marriage, or received as a gift or inheritance specifically designated for one spouse, is generally considered separate property and not subject to division.

Factors Influencing Distribution

Massachusetts law allows the court to consider several factors to determine what constitutes an equitable division. These include:

1. Length of the Marriage: The duration of the marriage can influence how assets are divided. Longer marriages might see a more balanced distribution of assets acquired during the marriage.

2. Contribution of Each Spouse: Both financial and non-financial contributions to the marriage are considered. This includes homemaking, child-rearing, and supporting the other spouse’s career.

3. Economic and Non-Economic Circumstances: The court will look at the economic situation of each spouse post-divorce. Factors like income, earning potential, and financial needs are taken into account. Non-economic circumstances, such as health and age, are also considered.

4. Custodial Arrangements for Children: If children are involved, the court will consider who has primary custody and how the division of assets might impact the children’s well-being and stability.

5. Dissipation of Assets: If one spouse has wasted marital assets or engaged in misconduct (such as gambling or extravagance) that depletes the marital estate, this can impact the distribution.

6. Marital Conduct: While Massachusetts is a no-fault divorce state, the conduct of each spouse can still play a role, particularly if it affects the financial standing of the marital estate.

Steps in the Equitable Distribution Process

1. Disclosure of Assets: Both spouses are required to fully disclose all assets and debts. Transparency is crucial as it ensures that the division is based on accurate information.

2. Valuation of Assets: Assets are appraised to determine their value. This may involve professional appraisers for complex items like real estate, businesses, or valuable collections.

3. Negotiation and Settlement: Spouses may negotiate a settlement agreement on their own or with the help of mediators or attorneys. An agreed-upon settlement can save time and reduce costs compared to a court battle.

4. Court Decision: If an agreement cannot be reached, the court will make a determination based on the aforementioned factors. The judge’s goal is to divide assets in a manner that is fair and just under the circumstances.

Why Equitable Distribution Matters

Equitable distribution aims to ensure that each spouse receives a fair share of the marital property, considering their contributions and future needs. It recognizes that fairness is not always about an equal split but about acknowledging the specific dynamics of each marriage.

If you’re facing a divorce, consulting with Johnson, Sclafani & Moriarty can provide valuable guidance tailored to your situation. Remember, every divorce is unique, and having the right support can make a significant difference in reaching a fair resolution. Contact us now for a free, initial consultation. 413-732-8356