Equitable Distribution

Equitable distribution is designed to ensure that both parties in a divorce receive a fair settlement. Courts take a number of issues into consideration when determining the division of assets (and debts). Important considerations are the property, income, and earning potential that were brought into the marriage and how the value of each of these factors changed during the marriage. A family court judge may also consider the tax consequences of distribution. If children are involved, the court may need to determine which parent will stay in the marital home with the children and keep ownership of the items necessary to keep the family running. Age and health issues may also be considered since this can affect the comparative needs of each spouse. Many courts do not take the personal misbehavior of either spouse into account when deciding what is fair.

Fast Facts

  • Inherited property that is held solely by one spouse may be exempted from division.
  • Equitable distribution is a concept based on English common law.
  • Community property laws are based on Spanish and French legal traditions.

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