Resolving Property Division Problems in Divorce Cases
There are many reasons why property division might emerge as the most contentious issue in a Massachusetts divorce: the couple is childless or the children are grown, certain assets appreciated significantly over time, or family business assets present difficult valuation problems. At Eno Martin Donahue, LLP, our attorneys protect the interests of our divorcing clients as they divide the property and debts of the marital estate.
We can advise you about your options and steer you clear of mistakes in preparing a marital property division agreement or contesting asset distribution matters in court. With a substantial business practice, our lawyers are thoroughly familiar with the asset valuation, management succession, and equity ownership problems that can come up in divorces involving family businesses or interests in closely held corporations.
Experienced advice in the division of complex marital estates
At the same time, our experience with family law procedures helps us anticipate the way courts are likely to apply the equitable distribution principles provided by the law of both states to guide the division of assets and debts. Judges are not required to divide marital property evenly, but must do so fairly, and what's fair in a given case will vary a great deal depending on the circumstances.
Considerations such as the length of the marriage, the age and health of either spouse, disparities in earning power, the contributions of each spouse to the marital standard of living, and any financial misconduct or irresponsibility on the part of either spouse can all be taken into account by the judge in dividing the marital estate. We will advise you about the effect of these factors on your bargaining leverage and your prospect for success in court, if the matter appears headed for a hearing.
Specific situations that can require the advice of counsel for resolution include the following:
- Specific terms affecting property rights or responsibility for debts in a prenuptial agreement
- Questions whether a given asset is property of the marital estate subject to division or the separate property of one spouse
- Indications that your spouse has not fully or candidly reported income, assets, or transfers of marital property
- The effect of divorce and property division on business ownership or management rights
- Valuation or appraisal of real estate, investment property, pension plans, art or antique collections, or interests in small businesses
Alimony Reform Act in MA
Property division issues are usually considered and negotiated together with alimony issues. Our experience with the division of substantial marital estates can help you meet your goals while maximizing the overall value of the marital property.
Contact a Concord Asset Valuation Lawyer
For further information about our experience with property division problems in Massachusetts, call 978-674-7154 or contact our law firm online.