Distributing Marital Assets

By Karen M. Buckley, Esq.

SUMMARY OF CRITERIA TO BE CONSIDERED IN DISTRIBUTING MARITAL ASSETS

[Pursuant to Massachusetts General Laws Chapter 208, §34]

The following information is presented to assist you in understanding some of the issues considered by the Court regarding domestic relations cases in accordance with Massachusetts statutes, case law and Rules of Court. The list of criteria below is representative of those factors taken into account by the Probate and Family Courts of the Commonwealth in determining what is a fair and equitable distribution of the marital estate.

1. Length of marriage.

2. Conduct of the respective parties during the marriage.

3. Ages of the respective parties.

4. Health of the respective parties.

5. Station of the respective parties.

6. Occupations of the respective parties.

7. Amount and sources of income of the respective parties.

8. Vocational skills of the respective parties.

9. Employability of the respective parties.

10. Estates of the respective parties.

11. Liabilities of the respective parties.

12. Needs of the respective parties.

13. Current needs of the minor children of the marriage.

14. Future needs of the minor children of the marriage.

15. Opportunities available to the respective parties for future acquisition of capital.

16. Opportunities available to the respective parties for future acquisition of income.

17. Contributions of the respective parties in the acquisition, preservation or appreciation in value of their estates.

18. Contributions of Husband and Wife as homemaker.

Comments are closed.