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Equitable distribution and how it affects your marital assets

On Behalf of | Feb 15, 2022 | Divorce

Divorces in Connecticut do not always result in an even distribution of marital assets. The state follows equitable distribution guidelines, which means that courts will review multiple factors to determine a fair, but not necessarily equal, division of property.

Marital versus separate property

During your divorce, your property may be subject to division if it qualifies as a marital asset. Exceptions may exist when a prenuptial agreement is in place. However, in the absence of a prenup, assets that are generally subject to distribution include property obtained during the marriage. Real estate, savings accounts, vehicles and investments can all fall into this category and be eligible for equitable division.

Factors to determine equity

Because Connecticut does not allow an automatic 50/50 split of property in a divorce, there are many things to consider when distributing assets. A judge can review factors such as:

  • Current and potential income of both spouses
  • Length of the marriage
  • Health condition of each spouse
  • Reasons for the divorce
  • Contributions each spouse made to the marriage

Courts often attempt to provide structure and allow divorcing couples to maintain as much consistency in living standards as possible. While it is almost impossible to go through a divorce without some disruption to your lifestyle, equitable distribution of assets allows both parties to gain a fair amount of normalcy following the dissolution of their marriage.

The goal of equitable distribution is not to punish any husband or wife during a divorce, it is to help everyone involved obtain the share of assets they deserve.