Socci & Nieves Family Law Group LLP Grand Opening

Nicole Socci and Miguel Nieves both recognized by Super Lawyers in the area of Family Law in Massachusetts.

In Massachusetts, it can be surprising for a divorce client to learn that both spouses in a divorce may reside in the marital home while the action is pending. Many people mistakenly believe that once a divorce complaint is filed, one spouse must leave the home as a matter of course. To the contrary, a Court Order will be required to force the other spouse to vacate the home. Furthermore, to obtain such an order, you must meet a high standard.

In Massachusetts, a Probate and Family Court’s authority to distribute property upon divorce is governed by M.G.L. c. 208, § 34. The court may assign to either husband or wife all or any part of the estate of the other, including but not limited to, all vested and non-vested benefits, rights, and funds accrued during the marriage, which can include retirement benefits, military retirement benefits to the extent provided by federal law, pension, profit-sharing, annuity, deferred compensation and insurance.  Each party’s property/estate is defined broadly to include all property to which a party holds the title, however, acquired.

In Massachusetts, all property, no matter how or when acquired, is considered marital property.  How it is divided is another subject entirely. That said, even if it is something you do not want or feel you are not entitled to, it is important to disclose and ascertain the value of every asset so that it can be considered in your eventual division of property. Assets include items in safety deposit boxes, brokerage accounts, retirement accounts, bank accounts, trusts interests, whole life insurance policies, family businesses, real estate, equipment, etc.