Taylor D'Angelone Law, P.A.

Property Division

Property Division

Equitable distribution is the distribution of property and debt obligations used by the Court when dividing marital property during divorce proceedings. It does not mean “equal” division – it means “fair” division. So rather than a strict 50-50 split where each spouse received exactly one-half of the property acquired during the marriage, the doctrine of equitable distribution is used to look at the future financial situation of each spouse after the termination of the marriage.

The court looks at the length of the marriage, the ages and health of each spouse, the amount of non-marital property, and any fault that may have affected the marital resources. Additionally, the court may consider the spouse’s need for additional training or education, retirement benefits, debts or liens on the marital property, whether any alimony is due, and potential tax consequences. 

Whether your marital property involves real estate, professional businesses, retirement plans, or other forms of property, let us put our knowledge and expertise to use in helping to resolve these marital property division matters. 

Marital vs. Separate Property

Marital property is property acquired or earned during the marriage, regardless of title. 

Separate property is property that either belonged only to one spouse before marriage or was acquired after the filing for divorce. Among other things, it could include some property given only to one spouse during the marriage.  

Separate property remains the property of the spouse who owned it before or during the marriage.

Real vs. Personal Property

Property is either marital or separate, and it includes assets and liabilities.

The most common types of property divided at divorce are real property like the family home, personal property like jewelry, and intangible property like income, dividends, and benefits.

All debts must be divided as well.

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