EQUITABLE DISTRIBUTION

This section addresses general questions pertaining to equitable distribution. It is not meant to be a complete legal guide. Each case is unique, and your situation may not be covered by this information. Call our office for a full consultation.

Our firm has been very successful in achieving fair and equitable results for our clients.

Most states employ "equitable distribution" in dividing marital (community) property as a result of the dissolution of marriage (divorce). Instead of a strict fifty-fifty split (in which each spouse receives exactly one-half of the marital property), courts look to divide property “equitably” and several factors are considered in determining whether there should be an equal division of assets or not.

While equitable distribution is more flexible, it is harder to predict the actual outcome, since the various factors are subjectively weighed. Factors considered in equitable distribution include:

The income and property of each spouse at the time of the marriage;
The duration of the marriage;
The age and health of the parties;
The loss of inheritance and pension rights upon ending the marriage;
The need, if any, for one spouse to receive spousal maintenance;
Any claim to, interest in, or direct or indirect contribution made to the acquisition of marital property by the spouse not having title, including joint efforts and expenditures and contributions and services as a spouse, wage earner and homemaker, and to the career or career potential of the other party;
The liquid or non-liquid character of all marital property;
The probable future financial circumstances of each party;
The impossibility or difficulty of evaluating any component or any other interest in business,corporation or profession and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party;
The tax consequences to each party; and
The wasteful dissipation of assets by either party; and Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration.