Raynham Property Division Attorneys

The trial court is empowered by M.G.L.A. c. 208, § 34 to assign estates of the parties at the time of divorce, or anytime after the judgment of divorce has been entered by the court assuming the court retained jurisdiction.  The courts are charged with dividing property in a fair and equitable manner and these statutes are closely linked with the spousal support and alimony statutes. 

Our Raynham property division attorneys can help give you the edge.

• Length of marriage

• Conduct of the parties during marriage

• Age, health, station, occupation, amount and sources of income

• Vocational skills

• Employability

• Estate

• Liabilities

• Needs of each party

• Opportunity for each party for future acquisition of assets and income

• Present and future needs of children

• Contribution of each party to the acquisition, preservation, or appreciation in value of the estates of each party

• Contribution of each party as a homemaker to the family unit.

Section 34 sets forth a number of factors that the court must consider when provided the task of dividing property, as well as other factors that the court may consider.  The court must set out specific findings of fact to support its conclusions.  These are the same factors that the court considers when ordering alimony.  Because the law now prefers to award property as opposed to permanent spousal support, the court considers all the factors for equitable property division along with alimony.

The mandatory and discretionary factors that the court weighs for property division include:

The division of estates of the parties upon divorce is supposed to entail a final assignment of their property, not subject to modification.

During a divorce proceeding, it is essential that a party concentrate on portraying information to the judge that addresses each of the factors listed above.  It is important to paint a picture applicable to the goals of that party in the divorce, such as showing evidence that a party enhanced the estate of the other party, for example, or that a spouse has sufficient assets to be received in the divorce sufficient to negate the need for alimony.

Our Raynham Massachusetts law firm offer a free, private consultation to discuss divorce,alimony and the division of property as it may relate to your potential case.