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Under the law, only marital property may be divided. These are assets that were acquired by either spouse after the marriage, unless the asset was a gift of inheritance or expressly noted in a prenuptial agreement. Marital property includes wages earned, benefits and profit-sharing as well as debts that were created.

In Massachusetts, spouses can make "separation agreements." A "separation agreement" is a written agreement signed by the husband and wife.

Massachusetts mandates an ?equitable,? not ?equal,? division of marital assets. In long-term marriages, assets will typically be divided equally.

Massachusetts is one of the remaining 41 states that have an ?equitable distribution? policy. Division of assets is based on what the court decides is ?fair and equitable?. This could result in a 50/50 split, but this is not a given, regardless of how long you have been married.

Massachusetts laws Length of marriageLength of general term alimony5 up to 10 yearsNo more than 60% of the number of months of the marriage10 up to 15 yearsNo more than 70% of the number of months of the marriage15 up to 20 yearsNo more than 80% of the number of months of the marriage20 or more yearsIndefinite1 more row

Under the law, only marital property may be divided. These are assets that were acquired by either spouse after the marriage, unless the asset was a gift of inheritance or expressly noted in a prenuptial agreement. Marital property includes wages earned, benefits and profit-sharing as well as debts that were created.