Equitable Division
Equitable Division refers to the manner in which property accumulated during a marriage is distributed to each spouse after the marriage. The most important fact to remember about Equitable Division is that “Equitable” does not mean “Equal.” If parties cannot agree on how to divide their property, judges consider many factors in determining who gets what, including how the property was acquired and the conduct that caused the divorce.
Marital Property
Marital property is everything acquired during the marriage, including gifts given to the spouses as a couple. This property is divided between the parties in a divorce.
Separate Property
Separate property includes property acquired before the marriage, or received by one spouse as an individual gift or their personal inheritance. This property remains the separate property of the spouse to which it belongs.
