Property Division

One of the objectives of the divorce process is to divide your real and personal property. In Massachusetts most property acquired by you or your spouse during marriage will be divided - unless it was a gift or inheritance, or was acquired before marriage.

For most divorces, the division of property will probably include a division of the family residence, bank accounts, retirement accounts and vehicles. More complex divorce matters will include a division of other real property, multiple bank accounts, retirement accounts, stock options, and one or more businesses.

There are various exceptions to the equal division rule. For example, in some cases education loans are assigned to the party that incurred the debt. Certain personal injury awards are not divided equally. Social security benefits may not be divided at all and are subject to federal law.

Tax implications of a property division proposal must also be considered.