How Is Property Divided During a Divorce in Massachusetts?

Understanding Equitable Distribution and What It Means for You
By Prescott Family Law

One of the most frequently asked—and emotionally charged—questions we hear at Prescott Family Law is: How will our property be divided during a divorce?

In Massachusetts, property division is governed by the principle of equitable distribution. Unlike community property states, where marital property is divided 50/50, equitable distribution means that the court divides assets in a way that is fair, but not necessarily equal. What feels “fair” can vary from case to case, which is why it’s so important to understand how the process works and what factors are considered.

What Counts as Marital Property?

Before dividing anything, the court must first determine what property is subject to division. In Massachusetts, marital property typically includes:

• Assets and debts acquired during the marriage
• Real estate (including the marital home)
• Retirement accounts and pensions
• Bank accounts
• Investments
• Businesses or business interests
• Personal property (furniture, vehicles, etc.)

Importantly, Massachusetts courts have broad discretion to include all property—regardless of when or how it was acquired—in the division process. This means that even premarital or inherited assets can be considered for division under certain circumstances, especially if they were commingled during the marriage or used for shared purposes.

What About Separate Property?

While Massachusetts doesn’t make a strict legal distinction between “separate” and “marital” property the way some other states do, judges may still consider the origin of an asset (such as an inheritance or premarital savings) when determining a fair division. If one spouse received an inheritance and kept it entirely separate from the marital finances, the court might weigh that differently than an inheritance used for a joint purchase or household expense.

How Does the Court Decide What’s Fair?

Massachusetts law (M.G.L. c. 208, § 34) outlines a number of factors that the court considers when determining equitable distribution, including:

• The length of the marriage
• Each spouse’s age, health, income, and employability
• The conduct of the parties during the marriage
• Each party’s contribution to the acquisition and preservation of assets (including non-financial contributions like homemaking and child-rearing)
• The needs of each party going forward, including the need for future financial security
• The opportunity for future acquisition of capital assets or income
• The standard of living established during the marriage

This means that a spouse who sacrificed career advancement to support the household or care for children may be awarded a greater share of marital assets, even if they didn’t earn the bulk of the income.

Common Myths About Property Division

Let’s clear up a few misconceptions:

Myth: Everything gets split 50/50.
Reality: The division is based on fairness, not equal halves.

Myth: If an asset is in one spouse’s name, it’s not subject to division.
Reality: Titles and names on accounts don’t necessarily determine ownership in divorce.

Myth: I’ll lose everything because I was the higher earner.
Reality: Courts consider many factors, including your spouse’s non-financial contributions.

Can We Decide This Ourselves?

Yes—and we encourage it when possible. Spouses are free to reach their own agreement on how to divide property, either independently or through mediation. If both parties can agree, the court will usually approve the settlement as long as it’s fair and reasonable.

However, if you can’t agree, the court will step in and make a decision for you.

Why Legal Guidance Matters

Every divorce is different, and so is every property division. Having an experienced family law attorney ensures that:

• All assets are properly identified and valued
• Your contributions and needs are accurately represented
• You understand your rights and options at every stage

At Prescott Family Law, we approach each case with care and clarity, helping our clients navigate the legal and emotional complexities of divorce. Whether your case is amicable or contentious, we work to ensure that your financial future is protected and that any property division reflects the true nature of your marriage and your goals moving forward.

Need Help Navigating Property Division?

If you’re going through a divorce—or considering one—it’s important to speak with someone who understands Massachusetts law and can advocate for what’s fair. Contact Prescott Family Law today to schedule a confidential consultation.