Courts classify property as marital or separate, value it, and distribute marital property according to statutory factors including contributions, marriage duration, and economic circumstances. Equitable does not mean equal.
It contrasts with community property regimes.
Alternative Names:
Property Division|Equitable Division
Why it Matters?
Classification precedes distribution and frequently determines the outcome, since property classified as separate is excluded entirely regardless of the distribution factors, which makes tracing and commingling analysis the highest-value work in asset-heavy cases. Appreciation of separate property during marriage is treated differently across states, with active appreciation from marital effort frequently becoming marital while passive appreciation remains separate.
Frequently Confused with
Related terms
Frequently asked questions
Does equitable mean equal?
How is appreciation treated?
