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Family Law Attorney

I provide experienced legal guidance in family law, divorce and special education law. I represent parents and families throughout western Massachusetts.

Protecting marital assets in divorce

Many Massachusetts residents may find property division to be an issue that can seem overwhelming. Protecting marital assets can be very important for some spouses. Thankfully, whether a couple is in the process of divorce or soon-to-be married, there are a number of ways a divorcing spouse or couple can secure marital assets. These steps can help ensure that a divorce proceeds in a way that is aligned with the wishes of both spouses.

Depending on what stage of marriage the couple is in, a prenuptial or postnuptial agreement may be a good option. If the couple has already decided to divorce, it may be too late to sign such a document. However, those who are not yet married may wish to sign a prenuptial agreement. Those who are already married may wish to consider a postnuptial agreement. These agreements allow couples to define the terms of their marriages, which goes a long way in protecting marital assets in the case of divorce.

Couples already in the process of divorcing can also take certain steps. One is to create a thorough inventory of every marital asset. It is important to differentiate the assets that are part of the marital estate and the assets that are independently owned. Specifying whether the assets were acquired before or after the marriage can also be a helpful step.

There are many legal nuances involved in property division. These intricacies can be complex, even confusing at times. Consulting with a divorce attorney can help spouses clear up some of this confusion. With a clear understanding of the steps involved, it is often possible to ensure that marital assets are protected in divorce.

Source: FindLaw, "Managing Marital Property - Do's and Don'ts," Accessed on January 26, 2016

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Claudette-Jean Girard, Attorney at Law
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