Understanding Equitable Distribution in Divorce: What You Need to Know

Equitable distribution is a legal principle used in many states across the United States to divide marital assets and debts when a marriage comes to an end. The term "equitable" means fair and just, and that's precisely what this principle aims to achieve. It's essential to understand that equitable distribution does not necessarily mean an equal, 50/50 division of property as you might find in community property states. Instead, it focuses on what is fair and just under the specific circumstances of each divorce case.

Factors That Influence Equitable Distribution

Equitable distribution takes into account a variety of factors to determine how marital property should be divided. These factors may include:

• Duration of the Marriage: The length of the marriage often plays a role in how assets are distributed, with longer marriages typically leading to a more balanced division.
• Income and Earning Capacity: The financial situation of each spouse, including their income and potential future earning capacity, is considered.
• Contributions to the Marriage: Both financial contributions (such as income) and non-financial contributions (such as homemaking or child-rearing) are weighed.
• Future Needs and Circumstances: Courts assess the future financial needs and circumstances of each spouse, including their ability to support themselves post-divorce.
• Assets and Liabilities: Marital assets, which are typically acquired during the marriage, are subject to division. Debts incurred during the marriage are also considered.
• Health and Age: The health and age of each spouse may factor into the distribution, especially when it affects their ability to earn a living.
• Child Custody and Support: In cases involving children, custody arrangements and child support obligations may impact the equitable distribution.

Understanding Marital vs. Separate Property

Equitable distribution only applies to marital property, which includes assets acquired during the marriage. Separate property, which comprises assets acquired before the marriage, through inheritance, or as gifts, typically remains with the spouse who owns it. However, it's important to note that commingling of assets can sometimes make the distinction between marital and separate property more complex.