Community Property vs. Equitable Distribution

What is the difference between "community property" and "equitable distribution" laws in a divorce?

If you're getting a divorce, you've probably already heard two things about how your assets will be divided: first, that it's community property in one state and equitable distribution in another, and second, that it depends on the judge. This can be confusing if you don't know that property laws vary by state.

Community Property Law

Community property laws are in place to protect the economic interests of each spouse. It is a state law that can apply to the property division in a divorce.

For example, if one spouse makes half of the household income, the other spouse would not be allowed to take all of the assets acquired during the marriage and, instead, have to share them with their spouse. It can be complicated when a couple has been married for a long time and accumulated significant assets. An attorney may recommend that the couple enter a community property agreement in these instances. Such an agreement can be as detailed or simple as necessary, depending on the complexity of the marital estate.

Equitable Distribution Law

While equitable distribution laws are in place to make sure that a divorce settlement is fair and equitable to both parties, this means that things like fault or wrongdoing are not taken into account. Instead, the court considers the length of the marriage, each person's contributions to the marriage, and the economic circumstances of each person before dividing marital property.

It also means that the judge will divide the couple's property and debts according to what he feels is fair rather than following the statutory guidelines of your state. Equitable distribution allows a judge to compensate one party for not only their contributions to the marriage but their contributions to any investments made during the marriage if one party was unable to participate due to financial hardship or some other reason.

Divorce Attorney Free Consultation

If you are looking for a legal advice about community property and equitable distribution law or in need an attorney, call this law firm for free consultation. We have the Best Attorneys in Utah.

Ascent Law LLC

8833 S Redwood Road Suite C

West Jordan UT 84088

(801) 676-5506

https://www.ascentlawfirm.com

Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

Location: Lehi, UT, USA

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