Massachusetts is an "equitable distribution" state. The court may divide all of the marital property (whether owned individually or jointly) including any gifts and inheritances and may order either spouse to pay alimony to the other. A spouse's entitlement to alimony and the parameters of a property division are both dependent on the statutory factors set forth in the Massachusetts General Laws. The courts have wide discretion in this area and will consider the following factors when determining the division of marital property and the appropriateness of an alimony award:


• Length of the Marriage;
• Conduct of the Parties during the Marriage;
• Age of the Parties;
• Health of the Parties;
• Station of the Parties;
• Occupation of the Parties;
• Amount of Income of the Parties;
• Sources of Income of the Parties;
• Vocational Skills of the Parties;
• Employability of the Parties;
• Estate of the Parties;
• Liabilities of the Parties;
• Needs of the Parties;
• Opportunity of the Parties to Acquire Future Capital Assets;
• Opportunity of the Parties to Acquire Future Income;
• Contribution of the Parties in the Acquisition of their Estate;
• Contribution of the Parties in the Preservation of their Estate;
• Contribution of the Parties in the Appreciation in Value of their Estate;
• Contribution of the Parties as a Homemaker to the Family Unit;
• Present and Future Needs of Dependent Children.


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