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Protecting assets in a divorce for Quincy residents

When a couple goes through divorce, there are many questions that need to be answered. Most of these questions pertain to the assets that the couple acquired during their marriage. The issue of who will be entitled to what often sits heavily on the minds of those who are experiencing divorce.

Fortunately, there are ways that individuals can protect their assets. Some assets such as trusts allow individuals the ability not to give control of the item in trust. Assets that are acquired through the marriage by means of an inheritance are generally protected from divorce as well, depending on the specific circumstances. Prenuptial agreements also provide a way for individuals to protect their property in the event of divorce.

A divorce may occur in several ways in the state of Massachusetts. Some couples are able to discuss the matter of their assets jointly and, through the assistance of counsel, come to an agreement regarding the division of their property. Other times, however, couples are not able to agree as easily. When this occurs, the court is forced to step in and divide the marital property. Marital property includes assets that were acquired during the marriage. Separate property, on the other hand, is property that was either acquired before the marriage or legally remained separate even though it was acquired during the marriage.

A Massachusetts court will divide all marital assets by way of equitable division. This means that the court will split the property in a way that it deems to be fair and just. A fair and just distribution does not always equate to a perfect 50-50 split and is left to the reasonable discretion of the court.

Individuals discussing divorce and property division should contact an experienced legal professional in the state of Massachusetts. These professionals are able to help their clients protect their rights and assess their legal options.

Source: Agriculture.com, "Protecting Assets Against Divorce," March 16, 2014

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