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In dividing property during a divorce in Massachusetts, a judge has a number of factors that he or she shall consider in allocating who gets what.  Below are the factors that a judge must consider, pursuant to M.G.L. c. 208, §34:

• Length of the Marriage - just because you're married doesn't mean that you'll get 50% of the property in a divorce.  If you have a short-term marriage, the judge will usually try to put you and your soon-to-be-former spouse in the respective positions that you were in when you both were married.  If you have a long-term marriage, then usually the division of property becomes more significant.
• Conduct of the Parties During the Marriage - a common misconception of how "conduct" affects the division of property in a divorce is that an affair will significantly change who gets what, and how much.  Most judges interpret the word "conduct" to mean "economic conduct."  In other words. by itself, an affair will generally not affect the property division significantly.  However, if the affair, or any other behavior, has a significant effect on the parties' assets, the division might reflect that.  For example, if a husband is spending money on a girlfriend, the money spent outside of the marriage on the girlfriend might be counted against the share that the husband will receive after the divorce. 
• Age of the Parties - the age of the parties is considered insomuch as the considerations that come along with age.  For example, how many more years can someone be expected to work after a divorce?
• Health of the Parties - if one spouse has significant health concerns or is disabled, that could have a significant effect on how the property is divided (as well as a potential alimony award).
• Station (in life) of the Parties - "station" is usually interpreted as a socioeconomic indicator.  Is the couple middle class?  A goal of a judge in dividing property in a long-term marriage is to try to maintain the economic quality of life for both individuals as much as possible, recognizing that there is usually a decrease in that economic quality once the two must account for maintaining separate households.
• Occupation of the Parties - not only does the occupation matter because of the income that comes with it, but certain occupations have earlier typical retirement ages than others.  For example, someone in the military might be more likely to retire at an earlier age than an accountant.
• Amount and Sources of Income - how much money is coming in to each spouse, and what are the sources of this income?  Is it through employment, asset management, or through a family trust?  If one spouse is self-employed, a judge may conduct a more thorough analysis of the income of that spouse's business.
• Vocational Skills - what job skills does each spouse possess?  
• Employability - this takes the analysis of whether each spouse has job skills and determines whether the skills translate into securing or retaining a job.  Whether someone is employable is an indicator as to whether he or she has the ability to become economically independent.  Not only does this matter in determining whether alimony is appropriate, but whether a disparate level of employability (one spouse is highly-trained and experienced in a field that it is easy to find employment, while the other will have difficulty securing a job) would justify treating the division of property differently.
• Estate - how much does each spouse own or have access to?
• Liabilities - what debts do each of the spouses have?  To some extent, the nature of the debts may be examined.  For example, if one spouse incurred a great deal of credit card debt spending lavishly on a paramour, the division of debt may be reflective of that spouse's expenditures outside of the marriage.
• Needs - this is an analysis of what each of the parties will financially need going forward.  This is very much intertwined with an order for alimony, if any.
• Opportunity of Each for Future Acquisition of Capital Assets and Income - put differently, what is the likelihood that each will be able to earn or otherwise acquire money or things?  This can include considering the likelihood of future inheritances.
• Present and Future Needs of the Dependent Children of the Marriage - this is very circumstantial, and can vary greatly if any of the children have special needs.
• Amount and Duration of Alimony - this is the newest factor that the judge must consider, and was part of the Alimony Reform Act of 2011.  If a divorce ends in an agreement, and alimony may otherwise have been ordered by a judge, some may agree that there will be a buy-out of the other's right to alimony.  In other words, the division of assets may favor the individual that would otherwise receive alimony, so that the other will not have to pay alimony in the future.

In addition to the factors that must be considered, a judge has a number of factors that he or she may consider in allocating who gets what.  Below are the factors that a judge must consider:

• Contribution of Each of the Parties in the Acquisition, Preservation or Appreciation in the Value of Their Respective Estates - judges can consider how each spouse contributed to the assets that each own, as well as how the value of the assets have increased.  The statute does not explicitly say that a judge can consider how one spouse has contributed to the depreciation of an asset.  However, judges shall consider conduct of the marriage, which includes economic conduct, so any wasteful spending habits by one spouse will be considered by the judge in dividing property.
• Contribution of Each of the Parties as a Homemaker to the Family Unit - when dividing assets, not only can judges look at how the assets were acquired and by whom, but the noneconomic contributions to the marriage as well.  If one spouse is working full-time to further his or her career, while the other is carrying the lion's share of the parenting responsibilities, there shouldn't be a penalty, or a reward, of one over the other.  The rationale is that the spouse that is focusing on furthering his or her career is benefitted in that respect because their spouse is there to get the kids off of the school bus, and vice versa.