Equitable Distribution

The union of marriage binds two people together both emotionally and financially. This joining together can combine resources such as property, savings, stocks, and possessions, as well as other belongings. When a couple faces dissolution of their marriage, the assets they had together need to be divided up among them. It is important that this is done in a fair and unbiased manner. A couple is sometimes able to come to an agreement themselves as to how they will divide their estate, and if this is possible, it is the best case scenario.

Unfortunately couples often are unable to come to an agreement on what they believe is a fair distribute, and they must then bring the issue to court. Depending on the states laws, this division can be done in different ways. Some states choose to look at marital property as community property, while most states follow guidelines of equitable distribution. Unlike community property, which tends to evenly divide assets between the two spouses, equitable distribution takes more into account when deciding how the division should take place. Equitable means that the distribution will be fair, more than it will be equal. Since the two parties most likely contributed to the marriage in varying ways, what they are awarded will also be dissimilar. If one spouse had a far greater income, they may be monetarily awarded higher.

The judge may choose to examine a number of components when making a judgment such as the financial contribution of both spouses, their financial need, the duration of marriage, the emotional attachment of the spouse to the possessions, any prenuptial agreements, or if a spouse was more at fault for the divorce. To divide the properties of a former couple, the values of their estate is added up and then a portion of it is given to each spouse.

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