That Court first classifies what is marital property and what is non-marital property.  Non-marital property is subject to division but can be considered when determining how to divide the marital property.  Upon making the classification, the Court then considers various statutory factors to determine the division of the property, such as: the earning power of each spouse the expectation of a return on retirement benefits contributions made by one spouse to the education or career development of the other spouse the need of a custodial parent to stay in the marital home