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In Massachusetts, property division during a divorce follows the principle of “equitable distribution.” This means that the court divides marital property in a manner it deems fair, which may not necessarily be equal. Under Massachusetts General Laws Chapter 208, Section 34, the court has the authority to assign to either party all or any part of the estate of the other, considering factors such as:

• Length of the marriage
• Conduct of the parties during the marriage
• Age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each party
• The opportunity of each for future acquisition of capital assets and income
• The contribution of each of the parties in the acquisition, preservation, or appreciation in value of their respective estates
• The contribution of each of the parties as a homemaker to the family unit

It’s important to note that “marital property” encompasses all property acquired by either spouse during the marriage, regardless of whose name is on the title.