Equitable Distribution State
A state where marital property is divided fairly but not necessarily equally, based on multiple factors the court considers.
Understanding Equitable Distribution State
The majority of US states (41) follow equitable distribution. Judges consider factors such as the length of the marriage, each spouse's age and health, income and earning potential, contributions to the marriage (including homemaking), custody of children, and any marital misconduct in some states. This system gives judges more discretion than community property rules, which can result in very different outcomes depending on the specific circumstances of each case.
Real-World Examples
In their equitable distribution state, the judge awarded her 60% of marital assets because she had lower earning potential after staying home for 15 years.
State-by-State Variations
41 states use equitable distribution. The remaining 9 (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin) are community property states.
Related Terms
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.