In divided property in a divorce case, is it true that the court usually splits the property 50/50?
No. Each case is unique, and therefore it is not possible to determine beforehand what split the court will make. In determining how to divide property between the parties, the court generally looks at the following factors: (1) the duration of the marriage; (2) the age of the parties; (3) the physical and emotional condition of each spouse; (4) the educational background of each spouse, together with need of each spouse for additional training or education in order to achieve that spouse’s income potential; (5) the employment history and earning potential of each spouse; (6) the standard of living established during the marriage; (7) the current and reasonably anticipated earnings of both spouses; (8) the current and reasonably anticipated expenses and needs of both spouses; (9) the marital and non-marital properties of the parties; (10) custody of the children, particularly where conditions or circumstances render it appropriate that the custodian not be required to seek employment o
