Division of Assets in Massachusetts Divorce Cases

How will my assets be divided during divorce?

In an uncontested divorce, the divorcing couple can generally agree upon the division of assets, including but not limited to real estate, business assets and stock options. It's only during a contested divorce, when one or both spouses file a property dispute with the court, that a judge can intervene and divide eligible marital assets according to the process of equitable distribution. It's during these complex, often contentious, divorces that it's really in your best interest to contact a Massachusetts divorce lawyer experienced in high net worth divorce cases as well as less complex contested divorce cases in Massachusetts.

Division of Real Estate, Business Asset and Stock Options in Divorce

Only assets, property and debt that is deemed marital property, can be divided by a judge in a contested divorce under the law. Property that is legally separate cannot. This includes but is not limited to property purchased with separate funds prior to the marriage, funds from a pension vested prior to the marriage, inheritances, gifts and monetary awards that were given or designated specifically to one spouse during or before the marriage. This also includes a business or business assets or any real estate or stock options purchased with separate funds prior to the marriage by one spouse.

Exceptions may apply, however, if these assets increased value during the marriage or were mixed with marital property. In that case, part of the value of the asset could marital property. A good example of this would be retirement funds which, although some of it may have been invested prior to the marriage, deposits and interest earned during the marriage could be considered marital property by the judge.

The primary home, however, is generally awarded to the primary caregiver during divorce when child custody is involved. Any other real estate defined as marital property could also be awarded to either spouse or could be sold, depending on the judge's ruling. As you can see, determining what is and what is not marital property is extremely complex and is why you should contact Rauseo Law as soon as possible about contested divorce cases in Middlesex & Essex County.

Divorce Lawyer in Massachusetts

Our attorney has nearly 30 years of experience in both complex high net worth cases as well as those in which fewer assets are involved. And while our first goal is negotiate and achieve the best possible settlement for our client, it's important to note that our attorney, Mr. Rauseo is a skilled litigator who will vigorously defend your rights in court.

Contact a Massachusetts divorce attorney today for a free consultation regarding division of assets in your divorce cases. We serve the communities of Lynnfield, Lowell, Winchester, Cambridge, Andover, Saugus, Marblehead, Wakefield, Beverly, Newburyport and Lexington.