Equitable Distribution

It can understandably feel disorienting after the initial divorce filing. Where do you go from here? How will you rebuild your life? Where do you stand financially? What do you walk away with?

As you’ve built your marriage, you have also built a shared interest in property and assets together. As a result, when you are going through a divorce, you are understandably anxious about how property will be divided. "Equitable distribution" is the division of a divorcing husband and wife's assets and debts.

Here is a quick primer on how equitable distribution works. All property acquired after the date of marriage and before the date of separation is "marital property" and is subject to distribution by the court. There are certain exceptions, such as inherited property. Generally, it does not matter in whose name the property is titled.

Some types of property acquired after the date of separation are considered to be "divisible property" and are also subject to distribution. Sometimes, experts are needed to value specific assets, particularly closely held businesses.

The courts typically presume that the total value of the couple's net estate (i.e., all marital and divisible property minus marital and divisible debt) should be divided into two shares of equal value. But there are statutory factors that may apply and may warrant an unequal distribution in favor of one party.

Our attorneys will thoroughly research and examine all property and debts before and during the marriage as well as any prenuptial agreements to arrive at a position that best protects your personal investment. We will work tirelessly to help ensure you have the strongest financial foundation possible to begin the next phase of your life.