Equitable distribution is the method most states use to divide marital property in divorce by awarding a fair—though not always 50/50—share to each spouse. Courts consider factors like the length of the marriage, each spouse’s income and contributions, and future financial needs when deciding what’s “equitable.” This article explains how equitable distribution works, what counts […]
Marital property is generally any assets or debts either spouse acquires during the marriage, typically subject to division in divorce. The exact definition and how it’s split depend on state law (community property vs. equitable distribution) and on factors like prenuptial agreements, inheritances, and commingling. This article explains what counts as marital vs. separate property, […]
Separate property is any asset a spouse owned before marriage—or acquired during marriage by gift or inheritance—and it generally isn’t divided in divorce. It can lose that status if it’s commingled with marital funds or treated as a shared asset, depending on state law. This article explains what counts as separate property, common exceptions, and […]
