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?


Asked on 4/24/07, 9:26 am

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.

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Answered on 4/24/07, 10:38 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: 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.

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Answered on 4/24/07, 2:11 pm
Jerome Aaron Law office of Jerome L. Aaron

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.

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Answered on 4/24/07, 3:16 pm


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