Marital Property Division Calculator
Classify and divide assets as marital vs. separate property, with equitable distribution factors.
Results
Visualization
How It Works
Property division in divorce first requires classifying assets as marital (acquired during marriage) or separate (pre-marriage, gifts, inheritance). Only marital property is divided. Community property states split 50/50, while equitable distribution states divide based on fairness factors.
The Formula
Each Spouse Total = (Net Marital x Split %) + Their Separate Property
Variables
- Marital Assets — All property acquired during marriage, regardless of whose name it is in
- Separate Property — Pre-marriage assets, gifts, and inheritance (not divided)
- Split % — 50% in community property states; variable in equitable distribution states
Example
Marital assets = $250K, debts = $30K, net = $220K. Equitable 55/45: Spouse 1 gets $121K + $50K separate = $171K. Spouse 2 gets $99K + $20K separate = $119K.
Tips
- Keep separate property separate -- commingling can convert it to marital property.
- Document the source of any asset you claim as separate property.
- Appreciation of separate property during marriage may be marital property.
- Community property states: AZ, CA, ID, LA, NV, NM, TX, WA, WI.
- All other states use equitable distribution (fair, not necessarily equal).