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How does equitable distribution work?

| Jan 29, 2020 | Divorce |

The concept of equitable distribution is important to understand when getting a divorce. The judge will use this idea to help make decisions about property division in your case. The Connecticut Judicial Branch explains equitable distribution is about fairly distributing property to each spouse in a divorce. 

This does not mean that you will get completely equal numbers of assets. It is more about value and what is fair based on various factors pertaining to your marriage, the acquisition of the assets and future potential developments. 

When applying equitable distribution, the court considers only marital property. This is property you obtained during the marriage. It does not matter who owns the property or if there is only one name on the title. If you got the property after you married, then it is marital property and up for division in the divorce. 

Property may include everything you own, including retirement accounts and stocks. There are some exceptions, but you should expect almost any property you got during your marriage will be part of the divorce settlement. 

The court will consider various factors when dividing property. These might include the reason for the divorce, your occupations and earnings, the length of the marriage and any other factor that it considers applicable. The court may give more weight to certain factors than others. There are no strict rules as the court may look at each case on its own merits. 

In the end, the focus is on providing a fair distribution of assets that will provide an equal start for both you and your ex-spouse after the divorce is final. 

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