How does a court establish a fair division of marital property?
A court will review a number of factors in determining how to divide marital property. For example, a court may consider: • The financial condition and earning power of each spouse. • The value of each spouse’s separate property, including a spouse’s business, business interests, retirement plans, 401(k) plans, stocks, bonds, etc. • The degree to which each spouse contributed to the acquisition of marital property. • The degree to which each spouse contributed to the education and earning power of the other spouse. • Future financial needs and liabilities of each spouse. • The ages and overall health of each spouse. • The liquidity of marital property. • Premarital and prenuptial agreements. • Spousal maintenance or alimony obligations.
