Divorce Asset Division Calculator
Asset division in divorce depends on state law. Nine community property states split marital assets 50/50. The remaining 41 use 'equitable distribution' — fair, but not necessarily equal. Both methods exclude pre-marital and inherited assets.
Community Property vs Equitable Distribution
Nine community property states (CA, TX, AZ, NV, NM, WA, ID, LA, WI) split marital assets 50/50 regardless of who earned them. The remaining 41 states use 'equitable distribution' — judges consider marriage length, earning capacity, contributions, age, health, and custody to reach a fair split. Equitable does not mean equal.
Separate vs Marital Property
Pre-marital assets, inheritances, and gifts to one spouse remain separate property in most states. But commingling (mixing into joint accounts) can convert separate to marital. Documentation matters — keep separate property in separately-titled accounts and avoid using marital income to maintain it.
Common Equitable Factors
Long marriage (15+ years) favors equal split. Stay-at-home parent's earning gap weighs toward larger share. Business built during marriage is typically marital even if one spouse owned pre-marriage. Fault (adultery, dissipation of assets) can shift split in fault states like Florida, Georgia, and South Carolina.
Source: American Bar Association Family Law Section 2025 Property Division Survey. Last updated: May 2026.