How do the courts divide assets and debts in an “equitable” distribution state?
In an “equitable distribution” state the court “equitably divides” the marital property. The court normally considers the length of the marriage, age, health, conduct of the parties, occupation, skills and employment of the parties. Equitable division does not mean equal division and seldom is property equally divided. The court will order an approximately equal division of the assets and liabilities when: • It was a long marriage • The spouses have nearly equal wealth before the marriage, • Both spouses have approximately equal earning ability. • There are no minor children. The court will award more property (and fewer debts) to the spouse who has: • Less earning ability • Less financial contribution to the marriage if the marriage is a short-term marriage. • Poor health or other adverse circumstances. • Custody of minor children. • Marital and Non-Marital Property.
