Massachusetts separation agreement 2025

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Most courts will give a fair and equitable split (most times, 50/50) on all assets acquired after marriage. That includes the 401(k) for either of you but it could also depend on what the distribution of assets is. If she keeps all the equity in the house, you may keep all the 401(k).
The Commonwealth of Massachusetts is not a 50/50 state. When a court is needed to rule on the allocation of assets, they are not necessarily divided equally between the two parties. While some states mandate a 50/50 split, Massachusetts is an equitable division state.
Massachusetts doesnt 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.
Unlike some states that adhere to a community property system, where assets are divided equally between divorcing spouses, Massachusetts follows the principle of equitable distribution. This means that the division of marital property is based on what is deemed fair, not necessarily equal.
If the court finds that the separation agreement does not make proper provisions for custody, support and maintenance, for alimony and for the division of marital property, the separation agreement shall be null and void and have no further affect on the parties.
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The simple answer is that Massachusetts does not automatically guarantee a 50/50 split of marital assets. However, a fair distribution is likely to result in an outcome that reflects the contributions and needs of both parties.
You do not need a lawyer to write your Separation Agreement. But an agreement can affect your life for a long time. Some of the decisions are complicated, like taxes. Also, a judge might reject an agreement if it doesnt cover everything.

separation agreement massachusetts