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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution

Massachusetts courts divide all property, whether acquired before or during marriage, equitably. The court has broad discretion and considers all relevant factors to achieve a fair result.

Statutory Factors

The following factors are commonly evaluated under Massachusetts law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: Mass. Gen. Laws ch. 208, §34

Source: https://malegislature.gov/Laws/GeneralLaws

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Citation
Mass. Gen. Laws ch. 208, §34
Source URL
https://malegislature.gov/Laws/GeneralLaws
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Reference Library

Massachusetts Property Division

Massachusetts General Laws ch. 208, §34 authorizes courts to assign all property to either party regardless of when or how it was acquired. Courts consider the length of the marriage, each party's conduct during the marriage, each party's contributions, opportunities for future asset acquisition, and income and needs. Massachusetts has one of the broadest equitable distribution statutes, giving courts extensive discretion.

Citation: Mass. Gen. Laws ch. 208, §34

Source: https://malegislature.gov/Laws/GeneralLaws

Last updated: 2026-05-19T01:39:53.694423