
Legal Separation – Equal Division Of Assets
In a typical divorce, the court will distribute one-half of marital assets to each spouse, unless an equal division is inequitable. To determine if an equal division is inequitable, the judge will take into consideration the following factors:
- Length of the marriage
- Age, health, and station in life of each spouse
- Occupation of each spouse
- Amount and sources of income
- Vocational skills
- Employability
- Estate, liabilities, needs, and opportunity for further acquisition of capital assets and income
- Contribution in acquisition, preservation, or appreciation of marital property
- Federal income tax consequences
If the judge rules for an unequal division of assets, he or she must state his or her basis and reasons and recite them in order.