I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
I think what you mean is a state that follows the Equitable Distribution theory of the division of marital assets in the event of a divorce. Let me explain it to you.
In a divorce, the manner in which the courts allocate the property accumulated during a marriage depends on whether the state in which the divorce is sought is one that follows Community Property law or Equitable Distribution law.
In the states following Community Property law, in the absence of a divorce settlement agreement to the contrary,the courts attempt to divide the marital assets 50/50 as between the spouses,with each spouse receiving half of the assets and half of the debts. The following states follow Community Property law:
- New Mexico
The other states however, including Missouri, follow an Equitable Distribution law in the distribution of marital assets in a divorce. All property acquired during the marriage, or paid for during the marriage, is considered to be marital property.
Equitable distribution looks at a number of factors in determining how to divide the marital assets and debts.
Factors which the court typically considers include:
1. The length of the marriage.
2. The amount of work done to accumulate/improve the property.
3. Fault of one spouse or the other for the break-up—such as adultery
4. The earning capacities of the spouses.
5. Separate property held by each spouse.
6. The value of the contribution of a spouse who maintains the home as a home-maker.
While there often is a division of marital assets that are very close to 50/50, the judge has great discretion and may also choose to weigh the contribution to the marriage by the spouses in non financial terms, such as home-making and child rearing, as well as to whether one person earned much more through employment than the other spouse who also worked for wages.
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