One of the most significant aspects of divorce is determining how property, assets, and financial obligations will be divided. These decisions can have long-term consequences for your financial security and future stability.

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Both New Hampshire and Massachusetts follow an “equitable distribution” framework. This means that marital property is divided in a manner the court determines to be fair based on the specific circumstances of the case, not necessarily always equal.

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Our firm provides thoughtful, strategic advocacy to protect your financial interests and pursue a fair and sustainable outcome.

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What Is Equitable Distribution?

Equitable distribution does not automatically mean a 50/50 split. Instead, courts consider a variety of factors to determine what is fair under the circumstances.

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Depending on the state, these factors may include length of the marriage, contributions of each spouse (financial and non-financial), age and health of each party, future financial opportunities, the needs of any minor children, conduct affecting marital assets, when relevant, and income, earning capacity, and employability.

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When spouses are able to reach agreement through negotiation or mediation, they may maintain greater control over how property is divided. If not, the court will make the final determination.

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What Property Is Subject to Division?

In general, property acquired during the marriage, including income, real estate, retirement benefits, businesses, investments, and debts, may be subject to division.

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Certain assets may be treated differently depending on the circumstances and the state, such as property owned prior to marriage, inheritances, gifts received by one spouse, assets addressed in a valid prenuptial or postnuptial agreement.

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Complex & High-Asset Matters

Some divorces involve substantial or complicated financial structures, including:

• Closely held businesses
• Professional practices
• Real estate portfolios
• Retirement and deferred compensation plans
• Stock options and equity interests
• Significant marital debt

These cases often require detailed financial analysis and, when appropriate, collaboration with financial experts to ensure accurate valuation and fair allocation.

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The Family Home

The marital residence is often both a significant financial asset and an emotional one.

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Depending on the circumstances, options may include:

• Sale and division of proceeds
• Buyout by one spouse
• Deferred sale
• Offset against other assets

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We help clients evaluate practical and financial implications to determine the best course forward.

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Protecting Your Financial Future

Property division shapes your financial landscape long after the divorce is finalized. Whether negotiating a settlement or litigating complex disputes, we provide careful analysis, strategic advocacy, and thorough preparation to safeguard your interests. Our goal is always long-term stability for clients.

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