On what basis does the court decide how marital property is divided?
Arizona is a so-called “equitable distribution” state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. There is no fixed standard on how parties decide to divide property. Each case is decided on its facts, or by agreement of the parties, or at the trial court’s discretion.
D.C. uses so-called “equitable distribution.” This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. While the trial court’s discretion will not be disturbed on appeal without a showing of clear abuse, the court will consider the factors enumerated in the Divorce Information Section of the District of Columbia Divorce Main Page.
