What Is Equitable Distribution?
A method of dividing marital property based on fairness, not necessarily 50/50.
Equitable distribution is the legal framework used by most U.S. states (41 states and DC) to divide marital property during a divorce. Unlike community property states, where assets are typically split 50/50, equitable distribution courts divide property based on what is fair given the circumstances. Judges consider factors such as each spouse's income, earning capacity, length of the marriage, contributions to the household (including non-financial contributions like childcare), and the financial needs of each party after divorce. The result may be an equal split, but it can also be 60/40, 70/30, or another ratio that the court deems equitable.
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View CalculatorsThis definition is for general educational purposes only and does not constitute legal or financial advice. Laws vary by state and change frequently. Consult a qualified professional for guidance specific to your situation.
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