The Law Office of Andy P. Miller, A Massachusetts Family Attorney » Financial Issues http://www.yourmassfamilyattorney.com Practicing in Suffolk, Norfolk, Middlesex, Essex, and Worcester Counties Fri, 18 Jun 2010 19:11:28 +0000 en hourly 1 http://wordpress.org/?v=3.0 Division of Assets http://www.yourmassfamilyattorney.com/division-of-assets/ http://www.yourmassfamilyattorney.com/division-of-assets/#comments Thu, 01 Jan 2009 17:22:42 +0000 Andy P. Miller, Esq. http://www.yourmassfamilyattorney.com/?p=5 A common question or concern individuals have when facing the prospect of divorce is “What am I going to get?” Often couples have spent years building a life and accumulating “stuff.” This “stuff” ranges from the relatively small — furniture, personal effects, etc. — to the large — homes and investment portfolios. In Massachusetts, the courts are guided by a statute (M.G.L. ch. 208, ยง34) which sets out numerous factors in determining how to handle the division of assets. Here are a few key factors:

1. Length of the marriage,

2. Conduct of the parties during the marriage,

3. Occupation of the parties,

4. Amount and sources of income,

5. Employability,

Again, those are just a few of the factors that the court will use as a guide in determining the division of the assets. In the divorce process each factor needs to be examined and facts put forward presenting your best case. Obviously a factor such as the length of the marriage is the same for both sides. However, factors such as the conduct of the parties during the marriage are clearly specific to each party and it is important that you tell your story as truthfully and thoroughly as possible. Remember though: these are factors and not solely determinative of the outcome. They key is to use all the factors to tell your story and present your side of the relationship.

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