Asked in Citizenship and Marriage
In non -community property states how is property transferred after a marriage ends in divorce?
This will depend on the laws in the jurisdiction in which the divorce is taking place. However, in many jurisdictions such as in New Jersey, property is divided according to a concept called "equitable distribution". This means that in the divorce action the court will look at the marital property and the history of the marriage and divide the property so that it is equitable to both parties. The major factor is the roles each spouse played in the marriage in acquiring the marital property. A woman who was the housewife of the husband who brought in all the money will still be entitled equitable distribution since her contributions to the marriage as a housewife were just as important as his as the main earner.