978-689-1841

Free Case Evaluation

800 Turnpike Street
North Andover , MA 01845

Married for 22 years and contemplating divorce

Married for 22 years and contemplating divorce

Additional Info: My Husband and I have been married for 22 years. I am contemplating divorce. He says if I leave he’s keeping every thing including the house. Can he really do that?

Attorney Answer:

In long term marriages, typically speaking the Court’s intent is to equalize the parties.

While there are a number of factors the Court will consider under the Massachusetts Divorce Statute including the length of the marriage and each party’s respective contribution to the marital estate, as a general starting point in a long term marriage the Court will look to equalize each person and divide the marital estate accordingly. The reason for this philosophy is that while one party may have earned significantly more than the other over the course of the marriage, usually the lower earning spouse’s contributions involved caring for the children and running the household. The Court recognizes such contribution as significant for purposes of dividing the marital estate.

In addition, if the house is considered a “Marital Asset” it too will be subject to division. If one party refuses to cooperate in dividing the property, whether by means of sale or transfer, the Court will rule on said issue and ultimately make the final determination.

Share on facebook
Share on twitter
Share on linkedin
Share on pocket
Share on email
Categories
Tags

Top rated family law and divorce lawyer serving Essex County and Middlesex County, Massachusetts including Andover, Boxford, Georgetown, Haverhill, Lawrence, Lowell, North Reading, Tewksbury, and more.

Related Posts

Do I have custody rights as a non-biological parent?

A non-biological, non-adoptive parent who has acted in a parental role may be considered a de facto parent. As defined by the Massachusetts courts, a de facto parent is “one who has no biological relation to the child but has participated in the child’s life as a member of the child’s family. The de facto

Read This

Dividing Qualified Retirement Plans in the Aftermath of Divorce

Splitting assets during a divorce can be an arduous task. To complicate things, the division of certain retirement savings accounts requires an extra step. DRO vs. QDRO Divorce proceedings often conclude with a domestic relations order (DRO) to lay out the division of retirement assets. However, assets from a qualified retirement plan, such as a

Read This

We help families move forward in their lives with less stress, less expense, and more control.

Call us to schedule a Free Case Evaluation.