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Marital Asset Division in Boston, MA

How marital vs. separate property is classified and divided in Boston, MA. Massachusetts follows equitable distribution.

Property Type

Equitable

Filing Fee

$200–$275

Median Cost

$12,000–$50,000

Annual Divorces

20,000+

Understanding Marital Assets in Boston, MA

Massachusetts is an equitable distribution state. Courts divide marital property in a manner they consider fair, which may not be equal. Factors include length of marriage, each spouse's earning capacity, and contributions to the marital estate.

The median cost of an uncontested divorce in Boston, MA is approximately $12,000. Contested divorces involving significant financial disputes average $50,000. These figures include attorney fees, filing fees ($200–$275), and related costs.

Under Mass. Gen. Laws ch. 208 §1, Massachusetts courts consider the standard of living established during the marriage, each spouse’s income and earning potential, the duration of the marriage, and each party’s contributions — including homemaking and child-rearing.

In Boston (Suffolk County), local court procedures may include mandatory mediation or financial disclosure requirements specific to the county. Contact the Suffolk County Family Court for local rules.

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Common Questions

How long do you have to live in Massachusetts to file for divorce?
Massachusetts requires 12 months of residency before you can file for divorce. Mass. Gen. Laws ch. 208 §1 governs the filing requirements.
Is Massachusetts a community property or equitable distribution state?
Massachusetts follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in Massachusetts?
Filing fees in Massachusetts range from $200–$275. The median total cost is approximately $12,000 for uncontested divorces and $50,000 for contested cases.
How long does a divorce take in Massachusetts?
Massachusetts has a mandatory waiting period of 120 days (contested). Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in Massachusetts?
Massachusetts uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about marital assets in Boston, MA and is not legal advice. Verify current statutes with Mass. Gen. Laws ch. 208 §1 or consult a licensed Massachusetts attorney. Last reviewed March 2026.