In the context of a divorce, equitable distribution refers to a judicial policy that divides marital property based on spousal merit. In other words, rather than sharing property 50-50, the court will divide it according to what it deems to be most equitable. The court will evaluate several criteria to determine what is most equitable, including how much property each spouse contributed to the marriage.
Because these numbers are generally not equal, the first consideration examined is the individual income of each spouse. Courts could also take into account one spouse’s contribution as a homemaker, the length of the marriage, and who would care for the couple’s children. Other factors such as domestic violence and adultery, one spouse’s economic irresponsibility, and the separate property of each spouse also play a vital role.
When considering these factors, the court may determine that one individual deserves a greater share of the marital property than the other individual. It usually will not determine that one spouse deserves all of the property, but it may not determine that spouses are entitled to a 50-50 split. It is unrealistic to predict how a court will weigh all of these factors, making it difficult to predict how equitable distribution will come out. It may be advantageous in certain situations, while it may be undesirable in others.
Individuals are advised to agree on property division with their spouses before their divorce court hearing to avoid this uncertainty. In this way, both spouses can agree to a settlement that they feel best compensates them for their time in the marriage. Often, an experienced divorce lawyer can help you negotiate the most favorable settlement with your soon-to-be ex-spouse.
Family law disputes can be distressing & daunting. However, before taking on divorce, order modification, child custody, or all other important legal matters, it would be smart & helpful to get the best legal advice. Contact the office of Fizer Law, the finest Property Division Lawyer in Long Beach, at 1~562~270~9944.
