Property Division & Spousal Support

Concord, Massachusetts, Property Division, and Spousal Support Lawyers

Property division is a large part of any divorce, especially when there are significant or complex assets. Massachusetts laws regarding to the definition and equitable division of the marital estate are evolving on a regular basis. At the law firm of Arnold & Kangas, P.C. in Concord, Massachusetts, our attorneys stay current on legal developments and have experience negotiating and litigating issues such as property division and spousal support.

In Massachusetts, the length of the marriage is an important factor in determining how the family law court will divide property:

• In a short-term marriage, the judge's goal is to put you back in the same position you were in prior to marriage. Generally, you will retain the separate property you brought into the marriage, as well as any appreciation of that property.
• In a middle-term marriage, you can retain some of the assets you brought to the marriage or that have appreciated during the marriage. However, the courts will look at the extent to which the assets of either party were woven into the fabric of the marriage. The court will divide those interwoven assets.
• In a long-term marriage, absent certain factors such as spousal dissipation, the court will generally divide all assets 50-50.

Our lawyers can guide you though the process of determining marital and separate property, discovering and valuing assets, and negotiating asset division. The marital estate in Massachusetts includes all tangible and intangible assets, including retirement benefits, intellectual property, businesses, inheritances, and possibly the expectancy of inheritances.

Spousal support/Alimony

Alimony is called spousal support in Massachusetts. Spousal support may be awarded in marriages where there is a demonstrated need on the part of one spouse and an ability to pay on the part of the other. Courts will generally not award spousal support in short-term marriages, except for rehabilitative alimony designed to help the lower-earning spouse finish school or get back on his or her feet.

While technically separate from property division, an experienced lawyer can evaluate alimony and property division factors to help you craft a settlement that creates tax benefits for both parties. Our lawyers are experienced is creating undifferentiated spousal support payments, which would enable the higher-earning spouse to benefit from a tax deduction and the lower-earning spouse to avoid some tax liability.

If you would like legal advice about property division or spousal support issues, contact our attorneys to discuss your rights and options. We are conveniently located in Damonmill Square in Concord, Massachusetts.