Property Division

Property division in divorce proceedings varies from state to state. Most locations require equitable distribution of property. This can require some complex calculations. The assets brought into the marriage are considered as well the actual and potential income of each spouse. Courts also consider the contributions the spouses made to each other in terms of making higher education and job advancement possible during the marriage. The disposition of custody and many other factors also affect the final outcome. In community property states, the assets acquired during the marriage are usually split 50/50 between the parties. Exceptions are sometimes made such as when one spouse has received an inheritance. Prenuptial agreements can affect property division in states with community property and those that observe equitable distribution. This type of agreement is often used by individuals who have been married previously and understand the difficulties involved in disentangling co-mingled assets.

Fast Facts

  • In community property states, most debts are considered to be owed by both spouses equally
  • Prenuptial agreements are not always honored by courts
  • The length of a marriage is taken into consideration in equitable distribution states

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