Step 5: resolving The big issues
MA property division
The marital property is divided equitably between both spouses in Massachusetts since it is an “equitable distribution” state. The court will consider the following factors when dividing the property:
- Duration of the marriage.
- Conduct of both spouses during their marriage.
- Age, health, occupation and station of each spouse.
- Sources and amount of income of each spouse.
- Employability and vocational skills of each spouse.
- Needs and liabilities and estate of each spouse.
- Opportunity of each spouse for future income and acquisition of capital assets.
Spousal Support (Alimony) Laws
The court will decide the alimony after considering various factors such as:
- Duration of the marriage.
- Age, health, occupation and station of each spouse.
- Conduct of both spouses during their marriage.
- Employability and vocational skills of each spouse.
- Sources and amount of income of each spouse.
- Needs and liabilities and estate of each spouse.
- Opportunity of each spouse for future income and acquisition of capital assets.
- Contribution of each spouse in the acquisition, appreciation or preservation of the value of their individual estates and the contribution of each spouse to the family as a homemaker.
MA child Custody Laws
If there are children involved and the parents are not able to agree on the issues involving them, then the court will decide the custody order at its discretion. It will do all that is possible to reduce the emotional trauma of the kids and while making a decision, the court will consider all the relevant factors.
In the case that the custody of the child is contested and either spouse seeks physical or legal custody, both spouses must either individually or jointly submit the joint custody plan settling the details of the:
- Education of the child.
- Healthcare of the child.
- Procedures to resolve the disputes between parent regarding decision and duties of raising the child.
- When the child will reside with each parent or visit during vacations and holidays or the method by which these periods will be decided.
The court will review the custody implementation plans submitted by the couple and may accept the plan or it may issue a plan that modifies the plan submitted by the parents. The court may also completely reject the submitted plan and issue the physical and legal custody solely to one parent.
MA child Support Laws
The child support guidelines of Massachusetts makes use of percentage of income formula to calculate the child support obligation of the parent who has the obligation to support the child. And, the court will award child support considering the best interests of the child.
The court may order the support, education and maintenance of a child who is less than 18 years but not 21 or older, lives with the parent and is dependent on the parent for maintenance.
The court may also order the support, education and maintenance of a child who is between 21 and 23 years old, lives with the parent and is dependent on the parent for maintenance because of enrollment in an educational program which excludes the cost of education more than an undergraduate degree.