Equitable Distribution

Fair division of property among interested persons.

A fair and just meting out of property, etc., between interested parties. For example, a constitutional provision requiring an "equitable distribution" of income of a school fund requires distribution thereof to the several districts in proportion to school children enumerated and living in each district. 259 N.W. 168, 169. In matrimonial law, the term refers to statutorily authorized division of property, both real and personal, which was acquired during the marriage. See, e.g., N.J.S.A. 2A:34-23. The court does not necessarily divide the property equally, but attempts to make a fair and just allocation taking into account such factors as length of marriage, ages of the participants, earning capacities, etc. The concept of equitable distribution represents a profound change in matrimonial law by recognizing the essential role played by a non-working spouse (usually the wife) as homemaker and helpmate in the acquisition of family assets. Marriage is therefore viewed as a joint undertaking, similar to a partnership, entitling both partners to a fair share of the assets. 320 A. 2d 496, 501. In contrast, the traditional purpose underlying alimony was to prevent a wife and children from becoming public charges. Keezer, The Law of Marriage and Divorce §560 (3d ed., 1946, reprinted 1991). Absent statutory authority, the courts have no power to transfer property from one spouse to another. 24 Am. Jur. 2d 1054.