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Division of Property and Assets Divorce

Each state, as part of their divorce laws, will employ one of two types of distribution methods when it comes to dividing marital property in a divorce.  The two types are the “community” property method and the “equitable” property method.
In a community property state, all of the assets acquired during the marriage belong equally to both spouses.  Therefore, when dividing the property among the spouses as a result of a divorce, the state will give half to one spouse and half to the other spouse.
Of course, the court will not order you to physically split your property in half, but rather, each spouse will receive property of an equal value to the other.  That is why it is extremely important to make sure assets are properly valued when disclosing them to the court and to each other’s divorce attorney.
The splitting of property in a community property state only applies to property acquired during the marriage.  If you owned property prior to the marriage, in most cases, you will be able to keep it without regard to the property distribution of the marital assets.

In an equitable distribution state, the court will divide the couple’s assets in what it considers to be an equitable or fair manner.  Equitable and fair does not necessarily mean equal.  Many factors are considered by the court when making property distributions in an equitable distribution state.  These include the length of the marriage, the work history and job prospects of each spouse, the physical and mental health of each spouse, the source of particular assets, expenses of the children, and the expenses of the custodial parent.  In some cases, the court will consider the conduct of the parties leading up to or causing the divorce when distributing property.