A division of assets is based on several factors. The court considers "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, the opportunity of each for future acquisition of capital assets and income, and the amount and duration of alimony, if any." M.G.L. c. 208 § 34.
The court also looks at the present and future needs of the children when determining the nature and value of the assets and how to divide them among the parties. The division of assets is unique to every case since the facts of every case are different.
The court looks to what is fair and equitable when dividing assets regardless of which party acquired the assets or when the assets were acquired. Massachusetts allows the court to award either party "all or any part of the estate of the other." Generally, however, separate property, i.e., property owned by one spouse prior to the marriage, is awarded back to the original owner but this is not always the case. Our experienced attorneys will ensure that there is an appropriate division of assets.
At Sweeney & Associates, LLC, in Quincy, Massachusetts, we have experience handling different degrees of marital assets from simple and straightforward divorces where parties are open and honest to hidden and complex divorces where discovery is needed to uncover hidden income and assets.
We have experienced private investigators, forensic accountants and CPAs with whom we have worked for years on complex criminal, civil and family matters. These professionals have been able to uncover hidden assets, unreported cash income and money already spent on other expenses that can be recouped by our clients. We consult and retain the services of these individuals in cases where one party is believed to have hidden assets or in cases involving significant tax consequences in order to minimize the tax liability incurred by the parties.
Whether your divorce is simple or complex, we have the experience and compassion necessary to help you navigate the property division process. Our Quincy family lawyers can be reached by calling (617) 300-0212 or by contacting our firm online through a short intake form.