Division of Assets

Property Division in a Divorce

In Massachusetts, property division in divorce proceedings is based on marital contribution, not common property. In other words, the courts will assign each spouse a percentage of the total value of their assets based on those acquired, earned, or gifted during a marriage. If a divorcing couple can agree on how to divide their property themselves through negotiation or mediation, they can devise their own division of assets. If they can’t, the Court will make this determination based on a number of factors including:

  • The earnings of each party during the marriage.
  • All debts incurred during marriage.
  • Gifts and inheritances.
  • Proceeds of a pension.
  • Property purchased.
  • A business owned by one spouse.
  • The parent awarded primary custody.


Belle F. Soloway Attorney at Law provides legal services for clients in Dedham, Milton, Newton, the Greater Boston Area, as well as Braintree, Quincy, Brookline, Norwood, Weston, Wellesley, Natick, Framingham, Canton, Stoughton, Brockton, Cambridge, Somerville, Concord, Westwood, Medfield, Hyde Park, West Roxbury, Roslindale, Arlington, Waltham, Lexington and Bedford. Counties served include Norfolk County, Suffolk County, Middlesex County, Essex County, Plymouth County and elsewhere in Eastern Massachusetts.

Contact Info

Belle F. Soloway

Nathaniel Ames House

619 High Street, Suite 100

Dedham, MA 02026

Ph: 781.326.8277

Fax: 781.320.8332