People preparing for divorce often have a lot of questions. They may feel anxious about the need to divide specific assets. For example, people who have purchased homes or started businesses may want to preserve those assets from liquidation or division during their divorce proceedings.
It can be difficult to know what to expect during a divorce, especially if spouses find themselves disagreeing about basic issues. In contested or litigated divorces, family law judges have to apply state statutes to the assets and debts of the married couple.
Equitable distribution is the standard enshrined in state statutes. What does that mean for property division during a divorce?
Equitable means fair
Although equitable may sound like equal, it does not have the same meaning. Equitable essentially means fair based on the situation. A judge trying to apply the equitable distribution statute to the inventory of marital assets has to consider many different factors.
They review the length of the marriage and the contributions each spouse made. Both paid and unpaid contributions can influence the judge’s determination. The health of both spouses and the separate property that they retain after the divorce can also affect what a judge believes is fair and appropriate. They may look at custody arrangements as well in their attempt to reach an equitable or fair final decree.
Much is left to a judge’s discretion in such cases. The chances are good that neither spouse feels fully satisfied with the outcome of litigated property division proceedings. Many couples can eventually settle their disagreements by setting clear goals and focusing on what matters most to them during the divorce. They may even attend mediation to reach an agreement with one another.
Learning more about how the family courts handle property division can give people insight into how to negotiate and motivation to commit to the process.