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Overview of Equitable Distribution

The starting point for the court in equitable distribution states is often as follows:

• "Marital property" will be divided 50/50. (Marital property is, roughly speaking, property acquired during the marriage); and
• "Separate Property" will remain with the party who owns it. (Separate property is, roughly speaking, property that was owned before the marriage or acquired by gift or inheritance.)

But this is often subject to modification if, for any reason, the judge thinks another division would be more fair to the parties.

Also, the judge is typically most concerned that the overall property division be fair.

The judge is less concerned that each asset be divided according to whether it is separate or marital property.

So, for example, the judge might order the husband to keep the home and pay the wife $80,000 in cash, even though the wife's parents might have put up the downpayment on the home.

Note: The equitable distribution rules govern what a judge will decide if the parties do not agree. However, the parties are always free to agree to any property division that is not grossly unfair.

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