Community Property vs Equitable Distribution
How states divide marital property in divorce
Community Property
50/50
Equal Split
All assets acquired during marriage are considered equally owned by both spouses, regardless of who earned or purchased them.
Key Points:
- • Assets split exactly 50/50
- • Both spouses own everything equally
- • Simpler, more predictable outcome
- • 9 states use this system
Equitable Distribution
Fair
Not Necessarily Equal
Assets are divided fairly based on multiple factors. This may result in an unequal split depending on circumstances.
Factors Considered:
- • Length of marriage
- • Each spouse's income and earning capacity
- • Age and health of each spouse
- • Custody of children
- • Contribution to marital assets
Community Property States (9)
AZ
Arizona
CA
California
ID
Idaho
LA
Louisiana
NV
Nevada
NM
New Mexico
TX
Texas
WA
Washington
WI
Wisconsin
Note: Alaska allows couples to opt into community property.
Marital vs Separate Property
Marital Property (Divided)
- • Income earned during marriage
- • Home purchased together
- • Retirement contributed during marriage
- • Joint bank accounts
- • Vehicles bought during marriage
Separate Property (Kept)
- • Assets owned before marriage
- • Inheritances to one spouse
- • Gifts to one spouse
- • Personal injury settlements
- • Property excluded by prenup
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Laws vary by state and situation. Consult a divorce attorney for your specific case.