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.
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
