How are assets divided on divorce?
Each party is awarded his/her own separate property assets provided they can be identified. Community assets are divided, but they are not necessarily divided equally. If the parties are unable to reach an agreement with respect to the division of the community assets, the court will make a division in a manner that is just and right. When making a division of the community assets, the court can take into consideration many different factors including, but not limited to, fault in the break up of the marriage, the earning capacity of the spouses, the health of the spouses, the age of the spouses, the size of the community estate, the size of either party’s separate estate, and who has primary custody of the children.
