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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.

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.

The state of Massachusetts is not a 50/50 state or a community property state. This means that, if the court must decide, all the property, assets, and liabilities are not necessarily divided equally between the two parties, as is the case in some states.

Other states, including Massachusetts, are ?equitable distribution? states, meaning that assets held by either party acquired either before or during the marriage, including assets received via gift or inheritance or assets held at the time of the marriage, are ?equitably? divided at the time of divorce.

The best way to determine who gets the house in a Massachusetts divorce is for the couple getting the divorce to come to an agreement amongst themselves. If purchased during the marriage, the equity in the house is typically going to be divided in half.

Couples in Massachusetts going through divorce are permitted to draw up their own agreement dividing property, which a judge may review and sign. If an agreement cannot be reached, a court determines who gets what. The factors the court considers includes the following: The age, health and employability of each spouse.