My friends are all telling me different things about what to expect in terms of who gets what under MA law. What can you tell me? (Posted on The Forum by Chin.)
Editor's Response:
You may be hearing so many explanations because Massachusetts law does not provide a cut and dry answer but, rather, gives a great deal of discretion to the family court when dividing property or awarding alimony. Generally speaking, if you were married a 'long time' it is more likely that the marital estate will be divided equally. If the marriage did not last long, then courts will often try to return the parties to the situation they were in before they got married.
I know, not very helpful. To confuse the issue further, the family court can consider other factors, such as what your assets were at the time of the marriage, or whether one spouse is sick or disabled. Also, even though Massachusetts has a no fault divorce system, courts can consider marital fault when dividing assets and awarding alimony. For more information, you can check out Massachusetts General Laws Chapter 208, section 34. Once you hire an attorney, if you have not yet, he or she should be able to use her experience to give you a more informative answer to your question, based on the facts and circumstances of your situation. Good luck.
For more information or to post a question, visit our Massachusetts Divorce Law Discussion Forum.