Boston Divorce Lawyer – Boston Divorce & Family Law Attorney Blog

This is a question I get asked all the time and I should’ve answered on this blog a long time ago.

How is alimony calculated and how is property divided in a divorce?

First, in an uncontested divorce, those issues are decided by the husband and wife. They work it out between themselves. In the case of a contested divorce where the husband and wife cannot agree, then they must leave it up to a judge to decide.

Probate and family court judges must rely on a number of factors to guide them in their decision as to which spouse should get what. These are more commonly called Section 34 factors. They are:

1. Length of the marriage
2. Conduct of the parties during the marriage
3. Parties’ age
4. Parties’ health
5. Parties’ station in life
6. Parties’ occupation
7. the parties’ source and amount of income
8. Parties’ vocational skills
9. the parties’ employability
10. the parties’ estate
11. the liability of each party
12. the parties’ individual needs
13. the chance of future acquisition of the parties
14. the parties’ respective contribution, preservation and appreciation to the marital assets
15. whether one of the parties was a homemaker

The judge would also look at the needs of the children when making a property division but the judge cannot look to the needs of the children when making an alimony determination – that is a child support issue and covered by another statute.

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