How is Property Divided in Divorce?

When a couple divorces, their assets and debts must be divided fairly. The process of property division varies by state and depends on factors such as marital contributions, financial needs, and state laws. Courts aim to ensure an equitable distribution, though this does not always mean a 50/50 split.

Community Property vs. Equitable Distribution

The laws governing property division depend on the state where you file for divorce:

Community Property States – Assets and debts acquired during the marriage are typically split 50/50 between spouses.
Equitable Distribution States – Assets are divided based on fairness, considering factors like income, contributions to the marriage, and future financial needs.

What is Considered Marital Property?

Marital property includes assets and debts acquired during the marriage, such as:

• Income earned by either spouse
• Real estate and homes purchased together
• Retirement accounts, pensions, and investment portfolios
• Business interests and professional practices
• Vehicles, jewelry, and other valuable possessions
• Debts incurred jointly, such as credit cards or loans

What is Separate Property?

Certain assets may be considered separate property and not subject to division, including:

• Property owned by a spouse before marriage
• Inheritances and gifts received individually
• Personal injury settlements awarded to one spouse
• Assets protected by a valid prenuptial or postnuptial agreement

Factors That Affect Property Division

Courts may consider several factors when dividing property, including:

1. The length of the marriage
2. Each spouse’s income and financial standing
3. Contributions made by each spouse (including homemaking and childcare)
4. The needs of any minor children
5. Whether one spouse wasted or misused marital assets

Get Legal Guidance on Property Division

Dividing assets and debts can be one of the most complex aspects of divorce. Our experienced attorneys can help ensure a fair and strategic approach to property division.

Contact Us Today to Discuss Your Case!