Roncone Law Offices, P.C.
Call Our Attorneys:
978-401-0825 | 877-261-4389
Menu Contact

Property division and divorce: Marital vs. non-marital assets

Massachusetts, a no-fault divorce state, is also an equitable distribution state. This means that, barring a prenup, property division during divorce is determined by a judge, who attempts to decide on a fair division of assets. Generally, this means a 50/50 split of both debt and marital assets, but each case is taken on an individual basis, and few situations are without exceptions.

Asset distribution involves the division of marital property. Many people are confused by the difference between marital assets and separate, or non-marital, assets, with some mistakenly believing that the name listed on a deed or title determines ownership. This is incorrect; every dollar, asset, or debt acquired is shared evenly between spouses from the minute they become legally married onward. This rule even applies to investments, pension plans and retirement accounts.

As is generally the case with most rules, however, there are exceptions. Certain assets and debts may be considered separate property and thus not subject to division during divorce. If it can be shown that an asset existed before the wedding and was not mixed in with other assets during the marriage, it is possible that a judge will declare those assets separate and not involved in the divorce property division. Some examples of this could be pre-existing stock investments or an inheritance from a relative to one spouse that was never used during the marriage.

The rules surrounding marital and non-marital debts and assets and their division during divorce can be very complex and confusing. One option to reliably and accurately evaluate the situation would be to seek the counsel of an experienced Massachusetts family law attorney. A divorce lawyer would be able to help assess the information at hand and offer sound legal advice on questions of property division or other divorce issues.

Source: wlns.com, "Property Division when Divorced", Torree Breen, May 12, 2017

No Comments

Leave a comment
Comment Information

What Clients and Peers Are Saying ...

"Please take my word for it, this is the attorney that you want on your side and certainly not the one that you want against you.”

Email Us For A Response

Contact Us For A Free Initial Phone Consultation

Tell us about the type of case you are faced with. We'll tell you how we can help. Call us at 877-261-4389 or send us an e-mail to speak with a Leominster and Worcester area personal injury attorney, family law, or criminal defense lawyer today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Roncone Law Offices, P.C.

142 Main Street
Leominster, MA 01453

Toll Free: 877-261-4389
Phone: 978-401-0825
Fax: 978-840-6000
Map & Directions