In the state of Massachusetts, if one spouse has a savings account the second doesn't know about, in which the account was created in the 15th year of marriage, does the second have rights to the funds? That is, if the 2nd uncovered the account can they then make a withdraw from it on the basis of living in a Commonwealth?
1 Answer from Attorneys
For purposes of divorce, marital assets are ANY and ALL assets of either spouse, whenever and however acquired, and regardless if a spouse knows about it or contributes to it. That is not a statement of how the asset would be allocated in event of divorce, but it would be part of the marital estate.