After identifying and valuing all marital assets, the court will distribute them in a manner it deems fair—keeping in mind that “equitable” does not necessarily mean an even 50/50 split. This division becomes final once the divorce is concluded and cannot be changed later. Two important concepts that can influence property classification are:
- Transmutation – Sometimes separate property becomes marital property (or vice versa) based on the couple’s actions and intentions. For example, if a spouse inherits a property but both spouses use it in a way indicating it is shared, a court may view it as marital property.
- Co-mingling – Separate property can merge with marital property if it becomes impossible to distinguish the two. Courts typically make every effort to trace the separate portion so it can keep its original status, but if the funds or assets are too mixed to separate, they may be considered marital property.
Factors for Equitable Division
When distributing marital property fairly, the court will review several elements, such as:
- Length of the marriage
- Any previous marriages
- Each spouse’s age, health, job skills, earning capacity, liabilities, and financial needs
- Contributions (financial or otherwise) that helped further the other spouse’s education
- Each spouse’s ongoing need to acquire future assets or income
- Each spouse’s income, medical needs, and retirement plans
- Contributions that increased the value of marital property
- Value of any separate (non-marital) property
- Any spouse’s actions that decreased the value of marital property
- The couple’s standard of living during the marriage
- Which spouse has primary custody of any minor children
About Divorce Lawyer R. Badet
Divorce Lawyer R. Badet is dedicated to guiding clients through every phase of the divorce process—from straightforward cases to those involving spousal support, child support, and custody. By drawing on extensive knowledge and experience, he strives to achieve the best possible outcomes for each client. To learn about your legal rights, visit www.lawyersfordivorces.net or call for a free consultation. He is respected for his many years as a litigation attorney in both Family Law and Criminal Law matters.
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