In a divorce where no children are involved, the distribution of property is probably the largest stumbling block. When this is finished, the couple memorialize the distribution in the marital settlement agreement. Unlike child support, the distribution of property is final.

In the United States, there are two general models of property distribution: all property and dual classification. In the all property routine (also called the Kitchen Sink states), courts divide equitably any and all property of the parties "regardless of when and how acquired." In dual classification states, property is classified marital and separate. Dual classification states then are further classified as either equitable distribution or community property.

Basically, in a divorce, a couple must divide what they own and what they owe. The distribution of property is the allocation of assets and the liabilities.

Depending upon the state where the divorce happens, the laws governing this are either are either equitable distribution or community property. Each jurisdiction has its own application of these two general schemes of property division.

Problems in the distribution of property happen when spouses become selfish or unreasonable or use property distribution as a way of punishing each other or getting even.

Some divorcing couple can reach agreement by themselves, and these people are fortunate since they save money and emotional wear and tear on themselves. Courts will approve property distributions that are fair and reasonable, and as a rule a settlement that the couple hammers out will probably be better than one imposed upon them by a third party.

In large marital estates this distribution can be very difficult, and the services of divorce consultants are sometimes used.

See also Equitable Distribution; Community Property.

Your Suggestion

1. The Morning After the Divorce is Final
   Every dollar spend fighting about the distribution of property is one less dollar that spouses have when the move on as single people. This is self-evident, but many battling partners forget it. Contrary to what many people believe, divorce seldom makes anyone richer, but it does make many people poorer.
   Contributed on 6/28/2007 by: DivorceDex.com Staff

   Category: Property Division   (Applicable in All States)
2. Coin Flip Provision For Dividing Property
   It is insane to spend money on fighting about who gets what. There are some things that should naturally go to one spouse instead of the other and you both know it so don’t fight about it. Go through the house together and identity who wants what. For everything that you can’t agree on, flip a coin. If it comes up heads, the person who is older goes first, tails the younger person goes first. They will pick the thing they want the MOST and then it is the other person’s turn, going back and forth until all items have been chosen.
   Contributed on 10/11/2007 by: Divorce In A Day Mediation Carlsbad, CA [Total Contributions: 14]

   Category: Property Division   (Applicable in All States)
3. Photos and Albums
   Don’t forget about the family photos. Everyone will want at least some. If you have the negatives, use joint funds to make copies. If you don’t have the negatives anymore and both of you want the same photos, use joint funds to make copies. If you have children, they are the ones who will get these precious mementos. DO NOT tear the other parent out of the photos. It is not fair to the children who will want the photos intact when they grow up!
   Contributed on 10/11/2007 by: Divorce In A Day Mediation Carlsbad, CA [Total Contributions: 14]

   Category: Personal Property   (Applicable in All States)

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