How is marital property divided in the US?
It depends on your state. Nine community property states (California, Texas, Arizona, Nevada, Washington, Idaho, Louisiana, New Mexico, Wisconsin) split marital property 50/50. The remaining states use equitable distribution, where a court divides marital property fairly — which may or may not be equal — based on factors like marriage length, each spouse's income, and contributions.
What is the difference between marital and separate property?
Marital property is generally everything acquired during the marriage, regardless of whose name is on the title. Separate property includes assets owned before marriage, gifts and inheritances received individually, and personal injury awards. Separate property is normally not divided, but it can become marital if commingled (e.g., depositing an inheritance into a joint account).
Does equitable distribution mean a 50/50 split?
Not necessarily. Equitable means fair, not equal. Courts weigh factors such as the length of the marriage, each spouse's earning capacity, contributions to the household (including as a homemaker), age and health, and custody of children. A long marriage with a large income disparity may result in a 60/40 or other unequal division.
Are debts divided in a divorce?
Yes. Marital debts — those incurred during the marriage for the benefit of the household — are divided along with assets. In community property states, marital debt is generally shared 50/50. In equitable distribution states, debts are allocated fairly, often to the spouse in the better position to pay or the one who incurred the debt.