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

Massachusetts doesn't have a procedure called ?legal separation.? Separate support is a lawsuit to get support for yourself and your family. It can also keep your spouse from putting any limitations on your personal freedom. This is a separate process from divorce.

Generally speaking, the court will approve separation agreements, binding the parties, if they are fair and reasonable and not the product of fraud or coercion.

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.

Parties to the divorce may also draft their own Separation Agreements but for those couples who want to ensure the document is drafted correctly the first time should consider consulting an expert. MWI is available at 617-895-4028 to assist or to provide a free consultation.

Massachusetts law does not differentiate between separate property and marital property. In the event of a divorce, the court has the authority to divide all the assets owned by the couple ? including inherited property ? in a fair and equitable manner.