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Massachusetts

JURISDICTIONAL END OF MARRIAGE DATE: Date of Divorce. If not Divorced use current date.

STATE TYPE FOR PENSION EVALUATION: Massachusetts is an "equitable distribution" state. The court may assign to either spouse all or part of the estate of the other spouse after consideration of the following factors:

1. The length of the marriage; 2. The conduct of the parties during the marriage; 3. The age, health, station, occupation, amount and sources of income; 4. The vocational skills and employability of the parties; 5. The estate, liabilities and needs of each party; 6. The opportunity of each party for future acquisition of capital assets and income; 7. The present and future needs of any dependent children of the marriage; 8. The contribution of each party to the acquisition, preservation or appreciation in value of their respective estates. 9. The contribution of each of the parties as a homemaker to the family unit.

[Massachusetts General Laws Annotated; Chapter 208, Sections 1A and 34].


MASS. GEN. LAWS ch. 208, § 34

Alimony; assignment of estate; rights and funds accrued during marriage; determination of amount of alimony or value of property; health insurance.

Section 34. Upon divorce or upon a complaint in an action brought at any time after a divorce, whether such a divorce has been adjudged in this commonwealth or another jurisdiction, the court of the commonwealth, provided there is personal jurisdiction over both parties, may make a judgment for either of the parties to pay alimony to the other. In addition to or in lieu of a judgment to pay alimony, the court may assign to either husband or wife all or any part of the estate of the other, including but not limited to, all vested and nonvested benefits, rights and funds accrued during the marriage and which shall include, but not be limited to, retirement benefits, military retirement benefits if qualified under and to the extent provided by federal law, pension, profit-sharing, annuity, deferred compensation and insurance. In determining the amount of alimony, if any, to be paid, or in fixing the nature and value of the property, if any, to be so assigned, the court, after hearing the witnesses, if any, of each party, shall consider the length of the marriage, the conduct of the parties during the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. In fixing the nature and value of the property to be so assigned, the court shall also consider the present and future needs of the dependent children of the marriage. The court may also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates and the contribution of each of the parties as a homemaker to the family unit. When the court makes an order for alimony on behalf of a spouse, said court shall determine whether the obligor under such order has health insurance or other health coverage available to him through an employer or organization or has health insurance or other health coverage available to him at reasonable cost that may be extended to cover the spouse for whom support is ordered. When said court has determined that the obligor has such insurance or coverage available to him, said court shall include in the support order a requirement that the obligor do one of the following: exercise the option of additional coverage in favor of the spouse, obtain coverage for the spouse, or reimburse the spouse for the cost of health insurance. In no event shall the order for alimony be reduced as a result of the obligor's cost for health insurance coverage for the spouse.

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