It is easy to assume that in a divorce, marital assets are divided equally with each spouse getting a 50/50 share. In reality, few states recognize this concept of “community property” where everything is jointly owned and equally split. Like Massachusetts, most states require the division of property in a divorce to be equitable where the division is “fair” but not necessarily equal.
Assets typically fall into two categories: separate and marital. Separate property is anything owned by one spouse prior to entering the marriage or acquired during the marriage through a gift, such as inheritance. At divorce, these assets are not on the chopping block, ownership remains with that spouse.
On the other hand, assets and debts that are acquired during the marriage by both spouses are split fairly. If spouses cannot agree on how to divide marital assets and debts, a judge will order a fair division based on the circumstances. In making such an order, some factors a judge may consider are the age of each spouse, job or future employment, needs and obligations, income, length of marriage, misconduct and the behavior of each spouse during the marriage.
https://statelaws.findlaw.com/massachusetts-law/massachusetts-marital-property-laws.html
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