Fast Facts: Equitable Distribution

What is Equitable Distribution?

This is a rule that most states use to decide how marital property will be divided after a divorce. Instead of splitting everything down the middle, the court takes into consideration each parties potential financial situation after the divorce and uses that to decide who will get what.

What Factors Are Considered?

Which spouse earns more money or has the potential to earn more is a big one. They also look at who has been doing most of the earning during the marriage, the contributions on the home front (maybe one spouse working so one could earn a degree), custody of the children and if there was fault or abuse during the marriage.

But If My Name is on the Title for House, I Own It, Right?

Not necessarily. If you bought the house while in the marriage, even if you paid for it with money you earned, a judge might feel that your spouse deserves some of the value in a divorce.

What If I Didn't Work During the Marriage?

Doesn't matter. The point of equitable distribution is that it looks at all kinds of contributions to the marriage, that includes a stay-at-home mom, a spouse who supported another while in school, and just generally caring for the home and family.

Can I Get Part of My Spouses Future Earnings?

In New York, career potential is considered marital property. The court will place a value on a license to practice medicine, law, etc and future earnings will be taken into consideration. This is not the law in all states, so you'll need to consult a lawyer in your state for details.