Equitable Distribution (Who Gets What)

Equitable distribution is the process of distributing property and satisfying debt obligations during divorce proceedings. Equitable distribution does not mean “equal” division – it means “fair” division.

The types of property subject to Equitable Distribution include, but are not limited to, homes, automobiles, boats, timeshares, bank accounts, investments and/or retirement assets.

Marital and Separate Property in Equitable Distribution

In determining Equitable Distribution, the Court considers both the marital and separate property of the divorcing couple. While both the separate property and the marital property of the spouses may be taken into account, the court will only distribute marital property.

Separate property is generally defined as property acquired before the marriage but may include some property acquired during the marriage. Examples of separate property acquired during the marriage may include property acquired through inheritance, gifts from a third party, agreement, or when the property was acquired by using a separate property asset.

Marital property is all other property of the spouses which is not deemed separate. Any property purchased or acquired during marriage is presumed to be marital property, and the spouse who claims that a piece of property acquired during the marriage is separate property must prove their claim.

It is important to remember that equitable distribution laws only apply in court. Before a judge determines the division of marital assets, the spouses have a chance to work this distribution out either on their own, through negotiations or in mediation. While equitable distribution laws should be considered, spouses are free to divide their property in the manner in which they see fit.