Thursday, April 28, 2011

Marital Assets

In Massachusetts, everything you own and everything your spouse owns will be considered a marital asset that can be divided during a divorce, regardless of how long you have been married. Typically if your marriage is a short term marriage, there fewer things will be divided because the Court will want to be fair. If it’s a longer marriage, say 4 or more years or you and your spouse have children together, then more things will be divided.

This includes bank accounts, retirement accounts, real estate purchased before the marriage or after the marriage that only has one person’s name on the deed or mortgage. Everything will be put in a “pot” for the Court to divide it based on what the Court thinks is fair.

If you are about to get married, you may want to consider a pre-marital agreement (pre-nup) in order to assure that what was yours prior to the marriage continues to be yours if the marriage should ever dissolve.

If you are about to thinking of divorcing, consider speaking to an attorney prior to filing for the divorce to discuss what may happen during the divorce and how a judge may treat your case.

For whatever your situation, the attorneys at S. De Oliveira Law, LLC will be able to talk to you about your specific situation. Contact us to schedule your free consultation.

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