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Massachusetts Property Distribution Laws

A Massachusetts divorce court will divide property "equitably" based upon the following factors:

• the contribution of each spouse to the acquisition, preservation, or appreciation in value of the property, including the contribution of each spouse as homemaker;

• the length of the marriage;

• the age and health of the spouses;

• the occupation of the spouses;

• the amount and sources of income of the spouses;

• the vocational skills of the spouses;

• the employability of the spouses;

• the liabilities and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;

• the conduct of the parties during the marriage (if the grounds for divorce are fault-based); and

• any health insurance coverage.

If the grounds for the Massachusetts divorce are an irretrievable breakdown of the marriage filed in conjunction with a separation/settlement agreement, the Court may not consider marital fault in dividing the property.

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