Divorce Equitable Distribution

Divorce Equitable Division

For couples who want to divorce, equitable distribution is the method the court will use to divide their marital property. This method doesn't automatically assume that the property will be divided on a 50/50 basis, as it is in community property states. Instead, the court considers each spouse's financial position after the divorce is final.

This slideshow will show you some factors the court looks when determining how marital property should be divided.

Earning Capacity

Each person's ability to earn a living is considered. If one person has a much greater earning capacity than the other, the spouse with the lower income may receive a larger share of the marital property as compensation.

Length of the Marriage

How long the couple were married, along with each person's age and current health, are factors in determining what is equitable in their situation.

Value of Homemaker

When one person stayed at home to be a homemaker while the other spouse worked, the value that the homemaker brought to the marriage is considered.

Child Custody and Support

If the divorcing couple has children who need care (either because they are minors or disabled), the couple's shared responsibility to provide for them is something the court will take into account.

Adultery

In some jurisdictions, spousal conduct affects divorce equitable division. A spouse who was abusive or unfaithful may be awarded a smaller share or marital assets to punish them for their behavior.

LTK's slideshow on Division of Marital Property has more information on this topic.