Equitable Distribution

Property & Assets

The fair, though not necessarily equal, division of marital property based on various factors considered by the court.

Example

Under equitable distribution, the court awarded her 60% of marital assets due to his higher earning capacity.

Canadian Equivalent

In Canada, this is referred to as Net Family Property Division (ON) / Family Property Division (AB, BC) / Equalization Payment.

Jurisdiction Variations

CALIFORNIA

Community Property (equal 50/50 split)

California is a community property state — assets split equally, not equitably

ARIZONA

Community Property

Arizona is a community property state

IDAHO

Community Property (quasi-community for out-of-state assets)

Idaho is a community property state

LOUISIANA

Community Property (based on French civil law tradition)

Louisiana uses community property under civil law

NEVADA

Community Property

Nevada is a community property state

NEW-MEXICO

Community Property

New Mexico is a community property state

TEXAS

Community Property (with 'just and right' division)

Texas is a community property state but court divides in a 'just and right' manner, not necessarily 50/50

WASHINGTON

Community Property (with equitable discretion)

Washington is community property but court has discretion for equitable division

WISCONSIN

Marital Property / Community Property

Wisconsin uses 'marital property' under its Marital Property Act (based on UMPA, similar to community property)

community-propertymarital-propertyproperty-settlement