The Difference between Equal and Equitable Distribution
Posted on Jul 14, 2010 2:00pm PDT
When it comes to property distribution, states will either distribute marital
property equally or equitably. The state of Florida happens to be an
equitable distribution state, which means that:
family courts choose to distribute assets after considering factors such as:
- Length of the marriage
- Each spouse's income
- Standard of living established during the marriage
The majority of states distribute marital assets equitably, which is based
off of British common law. In states where equitable distribution applies,
the court determines a reasonable distribution plan that may award spouses
more or less than 50% of the marital assets.
In states that follow equal distribution laws, like Wisconsin, all assets
and debts are distributed 50/50.