The most important thing to keep in mind when it comes to property division in Massachusetts is the term "marital property." Marital property includes all of the possessions, assets and interests that you and your spouse acquired during the course of your marriage. While there are some exceptions to this rule, marital property is the standard benchmark for asset division in the state. That said, whether or not specific types of property will be categorized as marital is subject to legal interpretation.
In the state of Massachusetts, marital property is divided equitably. This means that assets are not necessarily divided equally; rather, they are divided "fairly." Although most couples are able to come to a resolution on property division matters on their own without the need to go to court, in some cases, it is necessary to have a judge or arbitrator make the final decision in an unresolvable property division dispute.