How can I ensure the division of property will be fair?

The division of property is a basic component of ending the legal relationship of marriage. The court goes over every single asset and liability that qualifies as marital property under the relevant state law. After this, the marital property is divided up among the parties in either a 50-50 split or an equitable fashion to compensate a lesser earning spouse.

A fair division of property may be a 50-50 split if the spouses earn about the same income and have the same needs, income potential in the marketplace as well as the same responsibilities such as child rearing, support to children from previous marriages or alimony obligations to ex-spouses. However, if one spouse is awarded primary custody or was a stay at home partner, a fair division may be one based on equity so each spouse walks away with equal amounts of money.

In some states, the division of property may be based on marital conduct such as infidelity. Spouses may also be penalized for taking marital property before the property division phase. Therefore, one way to ensure a fair property division is to make sure the property is not removed from joint sources such as checking or savings accounts.

Another way is not to engage in marital conduct that will be held against you such as cheating on a spouse, especially in the marital bed. Infidelity may affect your payment of spousal support.

The court aims to make division as fair for each spouse as possible.