WE HELP FAMILIES RESOLVE CONFLICT PEACEFULLY


Tuesday, August 4, 2009

Equitable Division: This isn't Judge Solomon's Court

I was recently directed to two articles involving Husbands, one in Germany, and another in Cambodia, that, as part of their divorce, took their half of their marital homes, literally. Not by selling and getting their share of the equity, and not by buying their Wife out of her share, they literally cut the house in half.

Don't get any ideas if you're getting divorced in Massachusetts, though.

In Massachusetts the Court is directed by M.G.L. c. 208 § 34 to divide the assets of the parties and award support based on numerous factors including the length of the marriage, health of the parties, age of the parties, income of the parties, opportunity for future acquisition of assets and income, and more.

When considering all of these factors, we often discover that an equal division of the assets, i.e. a 50/50 division, is the equitable and fair resolution. However, there are also cases where the totality of the circumstances require an unequal division. You won't find Judge Solomon in a Massachusetts' Court, though you might still find some wisdom.

P.S. Don't think it only happens in other countries. This couple in New York built a wall down the middle of their house.

Thanks to Michael Paonessa for sending us these articles.

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