Massachusetts Divorce Law...

Massachusetts Law - What Are Some Examples of Property Divisions?

The following are examples of property division cases in Massachusetts.

Cases:

Denninger(1993) 612 NE2d 262 (The parties had been married for 27 years and their assets were worth $1,140,000. The husband, a commission salesman of financial services to institutions, earned $30,000 to $40,000 a year. The parties lived in the wealthy Beacon Hill section of Boston and sent their children to private school, thanks to the contributions of the wife's father. The trial court awarded the husband $171,000 and the wife $969,000. The appeals court said that this division was unfair to the husband, because his financial status would fall too far below the status he enjoyed during the marriage. The court noted that the husband had contributed his earnings to the support of the family during the marriage. The court reached this conclusion in spite of the fact that much of the value of the couple's assets was due to increases in the value, during the marriage, of assets that the father had given to the couple. The husband had paid the taxes on the portfolio each year, though, which helped him be entitled to a share of it.)

Early (1992) 604 NE2d 17 (In this case, the court awarded assets 60% to the wife and 40% to the husband, based on the wife's lower earning ability and greater medical needs. The husband was a probation officer earning $821 per week. The wife could earn $150 per week. The couple's only significant assets were a home, with about $124,000 of equity, and the husband's pension, which was worth about $196,000. The couple had been married for 28 years. The parties were in their 50's. Their child was grown.)

Frederick (1990) 560 NE2d 151 (After a 35 year marriage (eight of which were separated), the court gave the home, with equity of $177,000, to the wife. The wife was caring for her aunt but capable of working. The court then required her to pay $25,000 to the husband after three years, the idea being that she would possibly sell the home to do so. The court ordered the husband, a tenured professor earning at least $63,000 per year but with no savings no other assets, and ten years until retirement, to pay alimony of $1,100 for three years.)

Bacon (1988) 524 NE2d 401 (In this case, the judge awarded $200,000 to the husband plus $20,000 attorney's fees. The wife had inherited property then worth $3 million. The husband had a job at Harvard as administrator paying $38,400 a year plus accommodations in a Harvard-owned 2-room apartment. The husband had not contributed to the wealth of the family during the 12-year marriage. The husband had occasionally been abusive in the early years, and this was a factor in reducing the amount the husband received.)

Yanolis (1988) 524 NE2d 55 (The court awarded $220,000 of property to the wife, including the marital home, and $130,000 to the husband. The parties had two children, a ten-year-old daughter and a 19-year-old son, who was a student. Both children lived with the wife. In addition, the judge awarded alimony which put substantial pressure on the husband, considering his weekly income and expenses. However, the husband's mother was able to give the husband money, and the court was permitted to consider that fact. Also, the husband was able to apply the proceeds of sales of jointly-owned real estate to the alimony payments.)

Email this page on to a friend.

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.