There are several common rules for the equitable distribution of assets during a divorce. This form of property division means that assets will not necessarily be split 50/50 between spouses, although many assets do fall into that realm. Some of the different factors outlined in the equitable distribution statute include:
The length of the marriage
The emotional and physical health of the parties
The income and earning capacity of both spouses
The current financial situation of both spouses
The standard of living established during the marriage
Any written marital agreements signed before or during the marriage, such as a prenup or postnup
All of these factors could make a significant difference in how a couple’s assets are split, which is why it is essential for an individual to provide as much documented information as possible to their attorney at the start of their case.