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Springfield Property Division Lawyers

Equity vs. Liability

The process of dividing marital property and debt during divorce proceedings can be very complicated when considering matters, such as:

  • Retirement benefits
  • Military benefits
  • Pensions
  • Profit-sharing
  • Annuities
  • Family businesses
  • Deferred compensation
  • Insurance
  • Real estate
  • Foreclosure/bankruptcy
  • Tax consequences

Pensions and Retirement Funds

Property division does not always mean that properties will be divided. When assets such as pensions and retirement funds are involved, they may be left intact and instead, assigned a value. The value of these types of assets is factored into the total sum of marital assets. The total value of the marital assets is divided according to the statutory factors governing equitable distribution.

Problems can arise when there is disagreement between the parties regarding the value of certain properties and/or identifying marital versus non-marital properties.

If couples are unable to resolve their differences by negotiating privately or hiring a lawyer, a judge will use state law to make a determination. A court-ordered decision can have negative consequences for both partners because any wishes they were able to agree upon may be completely disregarded by the judge.

The Springfield property division attorneys at the Law Offices of Johnson, Sclafani & Moriarty have served as invaluable legal advocates for our clients undergoing divorce proceedings. We have helped hundreds of couples avoid property and/or debt disputes that can result in unpleasant court action.

Massachusetts Debt in Divorce - Attorneys Who Can Help

Debt division can become more contentious when it involves bankruptcy and foreclosure issues. Emotions can escalate and discussions can deteriorate into finger-pointing sessions.

It is critical to rely upon an experienced lawyer to reduce conflict and resolve issues.

For personal attention and effective representation, contact the property and debt division attorneys at the Law Offices of Johnson, Sclafani & Moriarty for a free initial in-office consultation with one of our attorneys. Your call will be returned promptly and we will listen to your concerns before explaining your legal options.

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Local: 413-306-3675 
Toll Free: 888-385-1183

Johnson, Sclafani & Moriarty, Attorneys at Law
776 Westfield Street
West Springfield, MA 01089

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