Navigating Property Division During Divorce? Our Trusted Divorce Attorneys in Massachusetts Are Here to Guide You
Divorce can be one of the most emotionally and financially complex experiences a person can face, especially when it comes to dividing property. At the Law Office of Matthew W. Peterson, our divorce attorneys focus on delivering clear, knowledgeable guidance to clients going through property division disputes. With offices in both Boston and Salem, we serve clients across Suffolk County, including Boston, Brighton, West Roxbury, and Chelsea, and in Essex County, including Salem, Lynn, Swampscott, Peabody, and Saugus.
Our law firm handles every case with care and precision. Whether you’re seeking to understand how your assets may be divided or need a seasoned Massachusetts divorce attorney to advocate on your behalf, our legal team is ready to assist you with every step of the legal process.
Understanding Property Division in Massachusetts Divorce
Massachusetts is an equitable distribution state, meaning that property acquired during the marriage is not automatically split 50/50. Instead, the court divides assets based on what it determines is fair and reasonable—not necessarily equal. The relevant statute can be found in Massachusetts General Laws Chapter 208, Section 34.
This law authorizes judges to consider several factors when dividing marital property, such as:
- Length of the marriage
- Conduct of the parties during the marriage
- Age, health, and income of each spouse
- Occupation, employability, and future financial prospects
- Contribution of each party to the acquisition, preservation, or appreciation of assets
- The needs of the custodial parent to occupy or own the marital home
Our family law attorneys use this framework to build a tailored legal strategy that considers both short-term needs and long-term stability for you and your family.
What Counts as Marital Property?
In Massachusetts, marital property includes all property acquired during the marriage, regardless of whose name is on the title. It can include:
- Real estate (homes, rental properties, vacation homes)
- Bank accounts and investment accounts
- Retirement accounts and pensions
- Businesses or professional practices
- Vehicles, jewelry, and personal belongings
- Debts and liabilities
Even gifts and inheritances may be subject to division under certain circumstances, particularly if they were used for the benefit of the marriage. If you’re unsure whether a specific asset qualifies, our family law attorneys can help determine its status and how it may be treated under Massachusetts law.
Complex Property Division Scenarios
Our trusted divorce attorneys frequently handle more complex property division matters, including:
- High net-worth divorces involving investment portfolios, multiple properties, or privately owned businesses
- Hidden assets, where one spouse may attempt to conceal property or income
- Dividing marital debts, such as credit card balances or mortgages
- Dividing retirement and pension plans, which often require a Qualified Domestic Relations Order (QDRO)
Each of these scenarios demands careful planning, thorough documentation, and an experienced legal strategy. We ensure your financial future is protected while working toward a fair outcome.
Property Division and the Marital Home
One of the most emotionally charged aspects of property division involves the marital home. If children are involved, the court may give special consideration to the custodial parent’s need to remain in the home. However, ownership or financial responsibilities may be shared, transferred, or sold depending on your unique circumstances.
If you’re concerned about keeping your home—or are worried about whether you’ll be forced to sell—it’s critical to speak with a Massachusetts divorce attorney who understands both your legal rights and the emotional weight of the issue.
Our Local Approach in Eastern Massachusetts
Serving clients across Eastern Massachusetts, we’re deeply familiar with the local family courts and their expectations. From Suffolk, Essex, Middlesex, to Norfolk Counties, our team prioritizes personal attention and strategic advocacy.
Whether you’re in Boston, Brighton, West Roxbury, Chelsea, or Salem, our local presence means you can meet face-to-face with a divorce attorney who understands the unique challenges and expectations of your community.
Contact Us Today to Set Up a Strategy Session
Dividing property in a Massachusetts divorce isn’t just about math—it’s about fairness, clarity, and protecting your future. At the Law Office of Matthew W. Peterson, we treat every client’s case with the attention it deserves. If you’re facing a divorce and have questions about your property, retirement assets, or business interests, don’t wait.
Contact us now to set up a strategy session with a knowledgeable family law attorney who can walk you through your options and help you make informed decisions.
Frequently Asked Questions
What is considered "equitable" in Massachusetts property division?
Equitable does not mean equal. Courts look at factors such as the length of the marriage, income, health, and contributions of each spouse to determine a fair split under M.G.L. c. 208, §34.
Is my spouse entitled to my retirement account in a divorce?
Yes. In Massachusetts, retirement accounts are considered marital property and can be divided, often using a court-approved Qualified Domestic Relations Order (QDRO).
Can property I owned before marriage be divided?
Potentially. While property owned before marriage may be considered separate, any increase in its value during the marriage—or its use for marital purposes—may subject it to division.
What happens if my spouse hides assets?
Courts take this seriously. If it’s proven that one spouse hid assets, the judge may award a greater share to the other spouse. Our divorce attorneys can assist with forensic accounting and discovery.
How are debts divided during a divorce?
Debts, like assets, are divided equitably. This includes mortgages, credit cards, and other shared financial responsibilities. The court considers who incurred the debt and for what purpose.