If you and your spouse are not able to agree on property division, the court will aim to divide marital property in a fair and equitable manner. It is important to note that this does not mean that property will be divided 50/50. Rather, courts will consider a number of factors to determine how your marital property should be divided in a way that is fair to both of you. It is very important that you have strong legal representation if you will need the court to make decisions about the division of marital property.