ABA Family Legal Guide

Family Law

3.4 Separation, Annulment, and Divorce

Property

How do courts divide marital or community property?

Again, the answer varies from state to state. A few states, such as California , take a rather simple approach. They believe property should be divided equally because they view marriage as a joint undertaking in which both spouses are presumed to contribute equally, though often in different ways, to the acquisition and preservation of property. All marital property will be divided fifty-fifty, unless the husband and wife had a premarital agreement stating otherwise. Even in California, there may be complications in the details, such as disputes between the husband and wife regarding the value of community property and deciding what constitutes an equal division. Most states, however, apply a concept called equitable distribution.