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When a couple decides to divorce , one of the issues that will have to be addressed is the division of their property and debt. Generally, the court will resolve this in one of two ways: equitable distribution or community/separate property . Let's have a look at both.

Equitable distribution is considered to be a fair (but not always equal) distribution of all the marital property and assets. Typically, the spouse with the higher income will receive a larger portion of the distribution based on the assumption that they contribution more financially to the union. Equitable distributions are used in all states except community property states.

Community property or separate property. Separate property consists of property and assets that were acquired prior to the marriage as well as inheritances, personal injury awards and workers compensation, even if it was received during the marriage.

Community property is any property and assets that were acquired during the marriage (with the few exceptions noted above) and is divided equally between the two parties. Arizona , California , Idaho , Louisiana , Nevada , New Mexico , Texas , Washington , Wisconsin and Puerto Rico are all community property states.

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17y ago

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