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What is the difference between equitable distribution and community property?
Even though the specifics may be different from state to state, marital property is divided in one of two ways:
- By the equitable distribution standard- this means property is divided fairly (equitably) between spouses, but not necessarily equally. The judge will divide assets, earnings, personal property, and debt in the way s/he believes to be fair, considering factors such as:
- the length (duration) of the marriage;
- the value of the marital property;
- your and your spouse’s contributions to marital property;
- individual sources of income or earning ability (capacity);
- your and your spouse’s financial circumstances once property is divided; and
- in some states, the judge may consider marital misconduct if it contributed to the end of the marriage.1
- By the community property standard- this means any income, real estate, or other property gotten (acquired) during the marriage is divided equally by both spouses, regardless of who purchased it or earned the income to make the purchase.2 The same goes for debts that either spouse took on during the marriage; they’d usually be divided equally.
If you are filing for divorce and are unsure of how property would be divided in your state, please consider contacting an attorney in your state. You might also find relevant materials on your courthouse’s website or a legal services website.
1 Equitable distribution, Legal Information Institute, Cornell Law School
2 Community property, Legal Information Institute, Cornell Law School
