The court weighs several factors in an attempt to address the financial situation of each spouse after the divorce. It is an inexact science. Some factors simply cannot be objectively quantified, but quantified they must be if there is to be an “equitable division.” The following list will give you insight into the court’s concerns when deciding on an equitable division of property:
- What is the relative (present and future) earning power of each spouse?
- What is the value of each spouse’s separate property?
- Did one spouse’s efforts (work) contribute more to their acquisition of property?
- What value to the family should be assigned to the non-income-earning spouse?
- Is there assignable fault in whatever waste and dissipation of marital property that has occurred?
- How long was the couple married?
- What are the ages and relative (physical and mental) health of the spouses?
- What is each spouse’s responsibility for providing for children of the marriage?
- Should there be penalties for spousal abuse or marital infidelity?
- What was their standard of living?
- What are the vocational skills and employability of each spouse?
- How liquid is the marital property?
- Did the spouses run a business together? If so, there are different calculations used to determine which amount of the physical property and salary is marital.
- Did one spouse contribute to the education, training, or increased earning power of the other spouse? How long ago? (This question is asked because many states' laws indicate that some skills benefit the community at large after a designated amount of time. If so, that money may not have to be deducted from the share of the spouse who received the education or training.)
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