Community property and equitable distribution

How property is divided depends first on your state's system and then on whether each item is marital or separate.

Community property states

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin treat most property earned during marriage as owned equally. It is generally divided equally, though Texas courts can divide it in a way they find just and right.

Equitable distribution states

Every other state divides marital property fairly. Judges weigh factors such as the length of the marriage, each spouse's income and earning capacity, contributions as a homemaker, and sometimes conduct. Fair often lands near equal, but not always.

Marital or separate?

• Usually marital: income, homes, retirement contributions and purchases made during the marriage, whose name is on it aside.
• Usually separate: property owned before marriage, inheritances and gifts to one spouse, kept apart.
• Mixed: separate property that was mixed with marital money, such as an inheritance deposited into a joint account, can become partly or fully marital.

Debts are divided too

Marital debts are divided like assets. A divorce decree does not bind your creditors, so a joint card left to your spouse can still be collected from you. Close or refinance joint debts wherever you can.

The Property screen classifies each item, totals each side and calculates any equalizing payment.

This guide is general information, not legal advice. Laws differ by state and change over time. For advice about your situation, talk to a licensed attorney in your state.