Equitable Distribution
A property division system used by most states where marital assets and debts are divided fairly, though not necessarily equally, based on multiple factors.
Understanding Equitable Distribution
In equitable distribution states (41 states plus DC), judges consider numerous factors when dividing property: length of the marriage, each spouse's income and earning capacity, contributions to the marriage (including homemaking), age and health, custody arrangements, and any prenuptial agreements. 'Equitable' means fair, which may result in a 60/40 or 70/30 split rather than 50/50. This system gives judges more flexibility than community property but can also lead to less predictable outcomes. Both spouses must fully disclose all assets and debts for equitable distribution to work properly.
Real-World Examples
The court awards the wife 60% of marital assets because she sacrificed her career for 15 years to raise the children while the husband built his business.
State-by-State Variations
41 states use equitable distribution. Factors and weight vary significantly. Some states lean toward equal splits while others consider fault or economic disparity.
Related Terms
A property division system used in nine states where all assets and debts acquired during the marriage are owned equally (50/50) by both spouses.
AssetAny property or item of value owned by either or both spouses that is subject to division in a divorce. Assets include real estate, bank accounts, investments, retirement funds, businesses, and personal property.
ComminglingMixing separate property with marital property in a way that makes it difficult or impossible to distinguish between the two. Commingled assets may be treated as marital property.
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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.