What are the Main Factors Considered During Property Division in a Divorce?

Divorce is never easy, and it certainly doesn’t get any easier when it comes time to divide all of your assets. Of course, a Boston divorce attorney can help you understand the process and make sure you get what you deserve. However, for those who are unfamiliar with the process, you’ll want to know the main factors that are considered when dividing property in a divorce. 

Let us now see the main factors considered during property division in a divorce.

The court will look at a number of factors during the division, but the most important factor is the length of time that you were married. In fact, the longer you were married, the more likely it is that you will be awarded a larger share of the marital property. This is typically true regardless of how much money or what type of assets each party has brought into the marriage.

  • The age and health condition of each spouse

Your age and your health condition will be important considerations during property division. You will typically be awarded a larger share of the marital property if you are older or if you have some type of health condition that could prevent you from earning income in the future.

  • Any sacrifices made by the spouses to support the marriage

The court will also look to see what each spouse contributed to the marriage, including financial contributions and other types of labor such as childcare and chores around the house. This is typically a factor in a short-term marriage where one spouse stayed home to care for children while the other worked.

  • The financial prospects and needs of each party

The court will also look at what each party’s financial needs are and what kind of financial prospects they have for the future. If one party is not as financially capable as the other, then they may be awarded a larger part of marital assets.

  • Any marital misconduct that contributed to the divorce

The courts will look at any marital misconduct that contributed to the divorce. While your divorce attorney can help you build your case for certain factors, you do need to be honest and forthright with the court regarding why the marriage is ending. If one spouse has performed any misconduct, it could greatly affect the property division.

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