In Massachusetts, the law requires that Judges consider a series of factors set out by Massachusetts law, and divide property “fairly”, which is not the same as equally. Because there is a presumption that favors an equal division of property, often times, the property division is equal. However, there are many circumstances that call for an unequal division of assets. For example: pre-marital assets, inheritances and gifts from parties outside of the marriage, financial misconduct, and many other circumstances can call for an unequal division of property.
The Attorneys at Schwartz & Plante are highly experienced in the division of marital property incident to divorce. We are familiar with the statutory factors that judges are required to consider, and are current on the most up to date case law providing instruction and guidance on property division. Whether negotiating the most beneficial agreement, or litigating property division, Schwartz & Plante is ready to provide expert legal services, marshaling facts and evidence, to achieve the most financially beneficial property division possible for our clients.