What Is Marital Property and How Is It Divided During a Divorce? 

All opinions are mine and mine alone.

What Is Marital Property and How Is It Divided During a Divorce? 

Going through a divorce is hard enough without the added stress of arguing over who gets what in the settlement. Marital property can be difficult to divide down the middle, and if both parties don’t agree on everything, a lawyer will likely have to step in to help come up with a solution. 

To understand how a fair agreement is made, it is important to first know exactly what marital property means. 

Community vs. Non-Community Property 

When two people are married, some of their property is shared equally, called “community property.” This includes things like the earnings both spouses made during their marriage and anything that was purchased with those earnings.  

Debts incurred during that time are considered community property debts, as well, unless they were specifically noted otherwise. 

Non-community property, or separate property that belongs solely to one spouse, would be any gifts or inheritances that were given specifically to one party, any personal injury settlements awarded, and any pensions that were vested before the marriage. In general, anything owned by one spouse prior to the marriage is separate property, unless it is specifically comingled during the marriage. 

Property that is purchased with both types of funds is considered to be part community and part separate property. When separate property mixes with community property, it generally becomes community property in a divorce. 

How Does the Property Get Divided? 

In a situation where prenuptial agreements are already made, the distribution of community and separate property can be simply because most of it is already pre-determined. However, when that is not the case, sometimes a couple that is divorcing can decide how to split their property and debts amicably or a third party in the form of a mediator will step in to help. 

If an agreement still cannot be made through mediation, the courts will be make the decision of distribution of assets and debts. How this works varies by state. Some states are considered “community property” states, and separate property is given to each spouse that it belongs to but community property is divided equally. 

Other states have “equitable distribution,” where assets and earnings that have been accumulated during the marriage are divided fairly, but this does not always mean equally. The judge will determine what is fair based on a multitude of factors. 

Keep in mind that division of property is not always splitting an object. It can mean awarding each spouse a percentage of the value of an object, like a house. Final distribution can be a combination of personal property, assets, and debts that equate to the percentage of property that you were awarded. 

Let the Experts Help You Get Your Fair Share 

Many people going through a divorce are dealing with emotional stress that is aggravated by the legalities that must be dealt with.  

Instead of increasing your stress level by trying to work out a fair settlement, understand the paperwork that must be filled out, and juggle the emotional land mines that come with a divorce, turn to a legal expert to help you ease the burden of distributing your marital property.