Massachusetts is an equitable jurisdiction state, which means the court divides assets based on what is fair. There is a presumption that a 50/50 division of all assets (including assets obtained prior to the marriage) is fair. However, the court may deviate from the presumption if they determine it is fair to do so. One of the factors that the court considers in deviating from the presumptions is assets owned prior to the marriage. It sounds like you may also have a prenuptial agreement as well. Massachusetts courts will enforce valid prenuptial agreement if the agreement was fair and reasonable both at the time it was signed and at the time of divorce. Please let me know if you have any other questions.
Answered on Apr 15th, 2015 at 7:37 AM