In Massachusetts, equitable distribution means that when a couple divorces, the court divides their marital property fairly — but not necessarily equally.
Here’s how it works:
Under Massachusetts General Laws Chapter 208, Section 34, the judge must approach division of assets and liabilities in a way that is “equitable”— meaning fair — after considering a list of factors. The law gives judges wide discretion to decide what’s fair in each case, rather than automatically splitting everything 50/50.
Massachusetts uses an “all property” approach. This means everything either spouse owns can be considered for division — regardless of whose name it’s in or when it was acquired.
That includes:
- The marital home and other real estate
- Bank accounts, retirement accounts, and pensions
- Vehicles, investments, and business interests
- Debts and liabilities
- In some cases, even property acquired before the marriage or by inheritance
The judge looks at many factors to determine what’s fair, including:
- The length of the marriage
- Each spouse’s age, health, income, and ability to obtain/maintain employment
- Their contributions toward the marriage, including non-financial ones like homemaking or childcare
- Each spouse’s needs and future earning potential
- The conduct of the parties during the marriage (misconduct can sometimes influence division, especially financial misconduct)
- “Equitable” doesn’t mean equal — a 60/40 or even 70/30 split might still be fair depending on the circumstances.
- The Court aims to achieve economic fairness rather than a mechanical division.
- Spouses can also reach their own agreement on how to divide assets, which the court will usually approve if it’s reasonable.
In short, judges have a lot of discretion when it comes to division of assets and liabilities so it is important to seek the advice of skilled family law and divorce attorneys like the attorneys at Wright Family Law Group.