Property Division in Massachusetts Same-Sex Divorce: What Happens When the Relationship Existed Long Before the Marriage?
Massachusetts was the first state in the nation to legalize same-sex marriage, with marriages beginning on May 17, 2004. For many couples, however, their relationship began long before they were legally permitted to marry. Some couples shared homes, combined finances, raised children, and built substantial assets together years or even decades before their marriage became legally recognized. When a same-sex marriage ends in divorce, one question often arises: What happens to property that was acquired during the relationship but before the marriage? While Massachusetts divorce laws generally apply equally to all married couples, the unique history of some same-sex relationships can create important considerations during the property division process. How Does Massachusetts Divide Property in Divorce? Massachusetts follows the principle of equitable distribution. This means that marital property is divided fairly based upon the circumstances of the case, although not necessarily equally. Unlike some states, Massachusetts courts have broad authority when dividing property during a divorce. In appropriate circumstances, the court may consider all property owned by either spouse, regardless of when or how it was acquired. When determining a fair division of assets, courts may consider factors such as: Length of the marriage Conduct of the parties during the marriage Age and health of each spouse Occupation and income Employability and future earning capacity Contributions to the acquisition and preservation of assets Needs of each party and the family The goal is to reach a result that is fair and equitable under the circumstances. Why Can Same-Sex Divorce Present