DOES THE COURT ALWAYS DIVIDE THE PROPERTY IN A DIVORCE CASE 50/50?
No. The Court is compelled to use its discretion to divide property “equitably” under all the circumstances. There is no rigid formula that the court must follow. The court will consider many factors and the split of property could be a disproportionate as 70/30 under some circumstances. Further, the Court may also consider “fault” as a factor in dividing property awarding the party who is not at fault in the break up of the marriage more property than the party who is at “fault”.