What Factors Determine Property Distribution?

There are many possessions that are distributed when a couple ends their marriage. Due to the large amount of property a couple typically has and the variance in each divorce case, numerous guidelines have been developed to help determine a judgment for each situation. Since not all states asses each situation the same, the determinants of property distribution are different depending on the location. A couple seeking a divorce settlement should educate themselves on their states particular property distribution laws. Factors that may be evaluated by a judge to make a ruling are how long the marriage lasted, the financial contribution and income of each spouse, any debt, each parties physical state, property that was acquired during marriage, and prenuptial agreement, the earning ability of the individual spouses.

The type of distribution carried out is contingent on the states laws. If the state holds to a community property approach, then the couple may have their possession evenly divided between them. If it is in a state that follows the rules of equitable distribution, then the possessions will be divided based on factors such as the financial or domestic contribution of each spouse, the length of marriage, or the age of the spouses.

In equitable distribution, the values of all joint property of the couple are added up and a percentage is distributed to each individual dependent on the ruling. If a husband has a far more expensive car than his wife, the value of it will be added to their joint property. In this type of case it would not necessarily be an even split of the two cars. Some states may choose to consider who was at fault in the marriage to distribute property, while other states may elect a no fault approach. Financial misconduct may also be considered; if one of the parties squandered a significant amount of the couple's funds.

If you have questions about property distribution, please find a local property division lawyer.