Legal Question in Family Law in Massachusetts
property /money in a marriage
is massachusetts a community property state ? is the money that was earned, saved, invested, over a 50 year marriage equally divided if the couple divorce even if the money was earned by the husband?
3 Answers from Attorneys
Re: property /money in a marriage
Before filing for divorce, consult an attorney who can properly advise you of your rights. Massachusetts is not a "community property" state. Massachusetts laws provide more protection to both parties than do the community property laws that are common in the Southwest. In Massachusetts, marital assets are divisible and include any monies earned by either party to and during the marriage.
: property /money in a marriage
No, it is not.
Property division is based on a number of different factors. The length of the marriage is one of them. In a marriage of this length, it really does not matter who earned the money.
SHould you have any questions, or need assistance, contact me.
Re: property /money in a marriage
The most likely scenario in marriages of this extraordinary length is that the assets are divided equally between the parties, regardless of who earned them. That being said, it is conceivable that because one party has squandered marital assets, diverted marital assets elsewhere, committed substantial abuse over a period of time, or otherwise did not contribute substantially to the marriage financially or via raising children / providing emotional support to the other, there could be other than a 50/50 split.