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What does it mean to equitably distribute marital property?

On Behalf of | Jan 28, 2025 | Family Law

People preparing for a divorce in Connecticut have a long and potentially emotional process ahead of them. Divorce proceedings force people to evaluate their familial obligations and finances. It can be very difficult for people to separate their lives after living together for many years.

Divorce statutes include relatively broad language that family law judges interpret based on the circumstances of the divorcing spouses. For example, those preparing to divide their property have to equitably divide their assets and debts. The idea of equitable distribution confuses many people. They don’t know what to expect if they must ask a judge to divide their property.

What happens during litigated property division proceedings?

Judges try to establish fair outcomes

Every marriage is unique, and therefore the financial needs of spouses differ from one case to the next. By requiring an equitable distribution of property, the family courts can potentially establish fair terms that are reasonable given the circumstances of the spouses. Judges potentially have the authority to make decisions about the allocation of both property and debts.

Judges can consider factors including how long the marriage lasted, the health of the spouses, the earning potential of each spouse and their separate property. They can also look at custody arrangements and other unique considerations when deciding what might be a fair and appropriate way of dividing marital property.

A judge could give one spouse more marital property while also making them responsible for more of the outstanding marital debts. Judges can also order the sale of assets or consider financial support arrangements for dependent spouses and minor children when deciding how to allocate marital property and debts.

Litigated equitable distribution proceedings can be unpredictable, as much is left to the discretion of a judge based on how they perceive the marital relationship. For many spouses, negotiating an amicable settlement through mutual agreement may be preferable to litigating property division matters. That way, each spouse can prioritize terms that matter the most to them.

Discussing marital resources with a skilled legal team and learning more about state law can help people as they prepare for an upcoming divorce. People with specific goals during their divorce proceedings may need help planning a strategy to achieve those goals, and that’s okay.