What is the difference between community property and equitable distribution?
In 9 community property states (CA, TX, AZ, NV, WA, ID, LA, NM, WI), marital assets are split 50/50. In the remaining 41 equitable distribution states, courts divide assets 'fairly' — which usually means close to 50/50 but can vary based on income, contributions, fault, and other factors.
What counts as separate property in a divorce?
Separate property is generally: assets owned before marriage, gifts received during marriage, and inheritances — as long as they were not co-mingled with marital assets. If you put an inheritance into a joint account or used it to improve the marital home, it may be treated as marital property.
Is my spouse entitled to my 401(k) or pension?
Yes, the portion earned during the marriage is marital property in all states. Division requires a Qualified Domestic Relations Order (QDRO). Pre-marriage contributions remain separate property.