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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.
All
material on this site is intended for general information purposes only
and does not constitute legal advice. For legal issues that arise, the
reader should consult legal counsel. Responses to inquiries whether
by e-mail, telephone or other means do not constitute legal advice nor
do they create or imply the existence of an attorney-client relationship.
The
material in this web site may be considered advertising under Massachusetts Supreme
Judicial Court Rule 3:07
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