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What Factors Do Courts Consider in Property Division
In strict community property
states (click
here
for the list of community property states), the
only factor to be considered is whether the property is marital or separate.
Marital property is divided 50/50, and separate property stays with its owner.
In the other states, the judge tries to divide marital property "fairly," considering
factors like the following:
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The contribution of each party to the marital or non-marital property.
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The contribution of a spouse as a homemaker or otherwise to the family.
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The loss or wasteful spending by either party of the marital or non-marital property.
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The value of the items of property assigned to each spouse.
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The duration of the marriage (longer marriages tend to result in more compensation to a homemaker spouse).
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The financial situation of each spouse.
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The desirability of awarding the family home, or the right to live there for reasonable periods,
to the spouse who has custody of the children.
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Child support or spousal maintenance that either party is paying or receiving from an earlier marriage.
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Any other obligations and rights arising from an earlier marriage.
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Any prenuptial agreement of the parties.
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The age, health, station, occupation, amount and sources of income, vocational skills, employability,
estate, liabilities, and needs of each of the parties.
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The custodial provisions for any children (the spouse with custody may need more property).
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Whether or not there will be spousal maintenance in addition to the property division.
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The likelihood of an inheritance, additional income, or other windfall for either party.
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The tax consequences of the property division.
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