Factors that affect Equitable Distribution
Equitable distribution is one of the ways in which marital property is split up between the spouses. This mode of property distribution is resorted to by most divorced couples. It not only stresses on the division of property but also takes stock of the financial status of each of the spouses. It is thus one of the more flexible modes of property distribution. However, in case of equitable distribution, it is difficult to predict the outcome of the settlement as several other factors are also taken into account at the time of negotiations.
Properties which are subject to equitable distribution include properties that are acquired by each of the spouses or by both of them during the time for which the marriage was valid and before the implementation of an agreement of separation. It does not, in any way, include property that was acquired prior to marriage by any of the parties or forms a part of an heirloom or is a compensation for personal injuries
The factors which affect equitable distribution include:
- The term of the marriage
- The share of each of the spouses in the income of the family
- The earning potential of each of both the husband and the wife
- The standard of living maintained by the divorced couple during their marriage
- The emotional and physical health of each of the spouses and their age
- The financial condition of each of the spouses at the time when the marriage is annulled
- The taxes paid by each of the spouses
- The liabilities and marital debts of each of the spouses also needs to be taken into account
- The financial condition of the spouses at the time from which the property division is implemented
Equitable distribution does not imply the equal division of property but is more focused on the fair division of property. This division takes place only after all the factors have been taken into consideration. A divorce is surely a difficult time for a couple and therefore these practical concerns should better be left to a divorce attorney who can effectively handle the matter.
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