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Massachusetts Law - Do Courts Consider Fault In the Property Division? Courts are allowed to consider marital conduct in making their property division, and sometimes they do. Courts will also consider economic misconduct, such as shifting assets out of personal ownership or recklessly spending assets. Section 34. Cases: Johnston (1995) 649 NE2d 799 (The husband recklessly spent assets after separation. The wife was awarded $3 million of the estate, a larger percentage than she might have been awarded if the husband had not wasted the assets.) Handrahan (1989) 547 NE2d 1141 (The court apparently considered husband's alcoholism and violent abuse as a factor in awarding the entire home to the wife.) Aronson (1987) 516 NE2d 184 (One month after the divorce filing, the husband fraudulently transferred property into a trust for the children to try to cheat the wife. The court ordered the trust broken and the property retrieved and divided in half -- half for each spouse.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Massachusetts legal page. Click here for the Massachusetts divorce legal table of contents. | |||||||||||||||||||||||||
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