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Definition Apportion - to divide fairly or according to the parties’ respective interests.

Application in Divorce The division is proportionate but not necessarily equal.

Many states are governed by equitable distribution laws that govern how property is to be distributed upon divorce. After classifying the property as marital and separate, the marital property is divided in an equitable fashion (not equal). This does not mean 50-50; rather it is apportioned in a fashion that seems to be fair to both parties.

In a community property state such as California, the community property (marital property) is apportioned or divided equally.

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Apportion of Marital Property
If the parties can not reach a property settlement, the courts will award the marital property in a fashion it deems to be appropriate and fair. This being said, many property awards decided by the court are 50-50 or very close. In rare cases, it will be as drastic as 30-70, but for this to be the case, some very unique circumstances must exist.

Contributed on 4/18/2007 by: DivorceDex.com Staff
Category: Property Division (Applicable in All States)

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