Am I Entitled To My Wife’s Inherited Property As Part Of The Division Of Divorce Assets?

Massachusetts is known as an equitable division state wherein the Court under M.G.L.c. 208 §34 considers a number of factors in dividing up the estate.  Among those factors are the length of the marriage, the conduct of the parties during the marriage, the age, health and station, occupation, amount and sources of income, vocational skills, employability future estates, liabilities and needs of each party.

It doesn’t matter if you were the primary wage earner or your contribution was that of a homemaker, the Court will look at all factors.

As it pertains to inherited property, the Court looks at when the inheritance came into the marriage, the length of the marriage and the possibilities of future acquisition of assets from other sources.  While there is no set formula, there are some judges that will grant the spouse who doesn’t inherit 1.5% for each year of the marriage.  However, it should be noted that judges have a fair amount of discretion and as long as they don’t abuse that discretion, they won’t be overturned.