Division of Assets

Property Division in a Divorce

In Massachusetts, property division in divorce proceedings is based on marital contribution, not common property. In other words, the courts will assign each spouse a percentage of the total value of their assets based on those acquired, earned, or gifted during a marriage. If a divorcing couple can agree on how to divide their property themselves through negotiation or mediation, they can devise their own division of assets. If they can't, the Court will make this determination based on a number of factors including:

  • The earnings of each party during the marriage.
  • All debts incurred during marriage.
  • Gifts and inheritances.
  • Proceeds of a pension.
  • Property purchased.
  • A business owned by one spouse.
  • The parent awarded primary custody.

Contact An Experienced Attorney

For help with divorce and property division, contact lawyer and mediator Belle F. Soloway at 781-326-8277. I represent clients throughout Greater Boston, Norfolk County, and surrounding areas of Massachusetts.