Divorce

The judge will split the marital assets and debts using a legal theory called “equitable distribution.”¹  An “asset” is something valuable like a home, other property, stocks, money, etc. “Equitable distribution” means that the judge will divide what the couple owns and owes in a way that is fair, reasonable, and just (“equitable”). However, it won’t necessarily be divided equally between the spouses.

When deciding how to do the equitable distribution, the judge will consider many factors, including:

• how long the spouses have been married;
• the spouses’ ages, health, and jobs;
• how much money each spouse makes and where their income comes from;
• the spouses’ vocational skills and how easily they can get a job (“employability”);
• what each spouse owns, owes, and needs;
• if there are minor children, who has custody;
• what led to the breakdown of the marriage, including any physical, emotional, or financial abuse;
• whether the equitable distribution is instead of, or in addition to, alimony;
• if either spouse has to support a former spouse or domestic partner or children from a past relationship;
• how likely each spouse is to get (“acquire”) assets and income in the future;
• how each spouse contributed to the family unit, as a homemaker or otherwise;
• if either spouse helped the other spouse get an education that enhanced his/her earning ability;
• if either spouse’s income increased or decreased because of the marriage and homemaking or child care duties;
• how each spouse contributed to the marital assets by looking at how they each helped get (“acquire”), keep (“preserve”), increase the value of (“appreciate”), waste (“dissipate”), or lower the value of (“depreciate”) the assets being divided;
• “taxability” of the assets - in other words, whether taxes will be charged on the assets being divided and how this will affect their value; and
• if either spouse got (“acquired”) an asset or debt, whether that happened before or after they separated.¹ 

In addition, if either spouse requests it, the judge can decide ownership of a pet. The judge will consider the pet’s best interests and then give sole ownership to one spouse or joint ownership to both spouses.²

¹ D.C. Code § 16-910(a)(2)
² D.C. Code § 16-910(a)(3)(b)