Marital property is divided between husbands and wives during a divorce. However, the process of dividing marital property during divorce can be very complicated. A number of factors are often considered, including the length of the marriage, date of separation, child custody arrangements, whether the spouse who leaves the household has a prenuptial agreement, and whether one or both spouses have an income that is significantly higher than their partner.
When a couple decides to end their marriage, a marital property division is often necessary. This division may be the most difficult aspect of going through a divorce because it can be an emotional and time-consuming process. It is often best for couples to seek the help of a Massachusetts family & divorce lawyer with experience in marital property division during divorce as they will be able to guide them through the process as well as make the necessary decisions on behalf of both parties.
Let us now see the main factors that determine marital property division during divorce.
- The length of the marriage
A divorce can result in a lot of disagreement between the couple. This is especially true when there are children involved who will be affected by the outcome of the divorce. One major dispute couples may disagree on is how to divide marital property. In these instances, the length of the marriage will often have an impact on the property division during the divorce process. In a shorter length of time, it may be easier to divide marital property in an equitable manner.
- The conduct of the parties during the marriage
It is not uncommon for a marital property to be divided during divorce. The conduct of the parties during the marriage has a role in determining how their assets are divided. For instance, if one spouse contributed more to the family income than the other spouse, then that individual would be entitled to more of the property.
- The present and future needs of the dependent children of the marriage
The legal task of dividing assets and property during a divorce can be difficult enough to figure out, but it becomes even more complex when children are involved. It’s important that the court considers the present and future needs of these adults on two levels. First, both spouses should be able to continue to provide financial support for their child on an ongoing basis during the separation period.