Practical Law Presentations Family Law Dividing Property in Divorce (download this info. as a word doc) 1. Most couples agree to a property settlement and don't ask a judge to decide for them. However, the law a judge would use to decide a case inevitably influences negotiations. 2. Many states allow parties to keep nonmarital property -- property brought into the marriage and kept separate, or gifts and inheritances during the marriage which are kept separate. 3. Marital property is generally property or income acquired during the marriage -- even if only one party earned wages or the property was bought by one party. 4. Some states divide marital property 50-50. Most, though apply a concept called equitable distribution. This means courts divide the property as it thinks is fair--50-50, 60-40, 70-30, etc. Factors include: how much nonmarital property does each have? what is the earning power of each spouse? who earned the property? did one party perform services as a homemaker? did one party waste marital funds? was there fault in the break-up? how long was the marriage? Is either of the parties old or ill? >>Family Law Home >>Separation, Annulment, Divorce >>Dividing Property in Divorce >>Determining Custody >>Tips for Divorced Parents >>Child Support Guidelines >>Unpaid Child Support Reaching the Community Home | Practical Law Presentations Home