Marital Domestic Separation and Property Settlement Agreement no Children parties may have Joint Property or Debts where Divorce Action Filed - Massachusetts 2025

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In a divorce in Massachusetts, a wife is entitled to: Equitable Division of Property: This includes real estate, bank accounts, investments, and other assets.
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 a divorce a judge can order either spouse to leave the marital home. Upon filing a divorce either party can file temporary orders for the other spouse to vacate the marital home, to establish a temporary parenting plan, and to establish temporary support orders for child or spouse.
A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
In Massachusetts, all property, including separate bank accounts, may be considered marital property and divided during a divorce.
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A separation agreement can be a binding contract between you and your spouse. This is a separation agreement that survives the divorce. Sometimes, it is not a separate contract and is not binding until the judge approves it. If the judge approves the agreement, it becomes part of the divorce judgment.
Assets you had before marriage or those you inherited typically fall into this category. As long as you havent mixed these assets with marital property, they remain separate. For example, if one spouse inherited a valuable painting or received a large gift, the court generally wont divide these items.

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