Legal Question in Family Law in Massachusetts

Divorce

I have a friend who is going to file for divorce. She bought a condo while married but condo is in her name only as husband did not work most of the time. Is the 1/2 rule applied as far as property goes in this situation. He has been out of the home for over 6 months living elsewhere.


Asked on 11/13/02, 8:12 am

1 Answer from Attorneys

John Pierce Law Office of John R. Pierce

Re: Divorce

There is no easy answer. When there is a divorce in Massachusetts, a judge can make an equitable division of all of the spouses' property, in other words whatever is fair under all the facts and circumstances. The judge should consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. The judge may also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker in the family unit.

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Answered on 11/13/02, 8:32 am


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