Norwood, MA asked in Divorce for Massachusetts

Q: I understand Massachusetts is an equity state when it comes to divorce. Mediation has not worked after several sessions.

I am strongly weighing my decision to go to court. After doing some research online i found this example.

Now let's take another example where a young couple in their 20's gets married. They started the marriage also with next to nothing and they're married for 20 years and had 3 kids and the wife was a stay-at-home mom for 15 of those years. In that situation, it would NOT be fair and reasonable to split their assets 50/50 because the wife sacrificed her professional advancement outside of the home to raise the couple's kids which in turn enabled the husband to advance his career. Now if she was to go back to the work force, she would be 15 years behind the curve professionally. In this situation, a fair and reasonable (or equitable) distribution would be to give the wife more of the assets.

Although I know there are no guarantees and all cases are different. I was wondering if you would agree that outcome would be reasonable.

Thank you.

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1 Lawyer Answer
Lillian J. LaRosa
Lillian J. LaRosa
  • Woburn, MA
  • Licensed in Massachusetts

A: So, there are no guarantees as the Court makes the statutory findings concerning property division which also includes ability to acquire future capital and income differential is a factor in alimony awards. You have not stated the ages of the children as child support is also involved if they are minors or unemancipated and college contribution may also be issues.

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