“Pre-nupts” are agreements or contracts entered into by couples before or during their marriage to determine how to divide their assets if they later want a divorce.
How will our property be divided in this divorce?
Property is divided based on Equitable Division as explained above. If parties cannot agree, judges consider all of the circumstances of the parties, including their earnings, earning capacity, value of their separate estate, what they need to support children of the marriage and other factors to determine what is fair to both parties.
Who gets the retirement, investments and pension?
The same principles apply to division of retirement, investment and pensions as equitable division of all other marital property. The portion accumulated during the marriage will be divided based on who earned it, sacrifices on behalf of both parties and what both parties need after the divorce.
