What Factors Are Considered When Dividing Marital Property?

Under the law of equitable distribution, marital property must be divided in a just manner between the spouses without considering any fault. Spouses can keep property that has been separate in the marriage. But what is separate and what is marital can be difficult to determine. An experienced divorce lawyer can make an examination of the assets of your marriage and help you fight to secure a just distribution of the marital assets.

Some of the considerations a court may use to make a determination regarding how to equitably distribute the property of a marriage include the following:

  • How long the parties were married
  • Health of the spouses
  • Pension rights
  • What property each spouse owned before the marriage and at the divorce
  • Whether the marital residence should be used to house a custodial parent
  • Inheritance rights
  • Age of the spouses
  • Tax consequences
  • Wasting of assets in contemplation of divorce
  • Transferring of assets in contemplation of the divorce
  • Contributions of the spouses to enhancement of the asset
  • Contributions of the spouses to acquisition of the asset

The law firm of Bryan L. Salamone & Associates, P.C. is ready to advise you on assembling information about all the property that you are entitled to have equitably distributed during your divorce. Some documentation that you should have ready includes:

  • Addresses of real estate and dates of purchase
  • Worth of assets such as stocks
  • Account numbers
  • Serial numbers
  • Acquisition dates
  • Pension information
  • Trust accounts

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