Equitable Distribution

Over the course of a marriage, married couples tend to accumulate shared possessions, as well as individual possessions. Deciding the fate of their property after a divorce can be a complex task, but divorce courts often favor a concept known as equitable distribution. This means that the property is divided in a way that is valid and just, but not necessarily “equal.”

The difference between an “equitable” distribution and an “equal” one is very important. In equal distribution, the two spouses’ collective assets are divided equally between the two. Effectively their property is split down the middle dollar-for-dollar. Although that may suit some couples, it may be the case that one spouse has greater needs, or greater assets, than the other.

There are cases where giving one spouse exactly 50% of the couple’s property is unfair. For example, if one spouse maintains primary custody of the children, that parent will need more childcare-related property than the other. On the other hand, if both spouses maintain equal custody, but one spouse owns expensive property that is necessary for that spouse’s job, it would be fair for that spouse to have that property, even if its dollar value is significant.

If you and your spouse are considering a divorce, equitable distribution is just one of many important considerations. Concerns such as equitable distribution and child custody can lead to many unforeseen complications if they are not addressed early on with the help of a California divorce lawyer.

Contact Us

Experienced legal guidance can help you divide your property fairly during a divorce. To discuss your case with an experienced Oceanside divorce lawyer, contact Fischer & Van Thiel, LLP today by calling 760-722-7646.