Get Fair Property Division

Remember the last time you moved? I bet, like most of us, you had a look around and wondered to yourself “how did I get all this stuff?”

When going through a divorce, a similar feeling can arise. Suddenly you have to figure out what to do with all the property you've acquired over the years. The house, the cars, bank accounts, retirement plans, the clothes in the closet – everything must be accounted for.

Property division can be one of the most complex aspects of a divorce and one of the main reasons someone seeks out the help of an attorney. The specifics of the law can vary drastically from state to state, but most states fall into either being a community-property state or an equitable distribution state.

To find out exactly what this means, read through the articles on our site – or if you have specific questions give us a call or come into one of our locations.

More about Property Division by State

Wisconsin | Illinois

Frequently Asked Questions

What is the law for dividing property?

Each state has its own laws around dividing property. The laws define what marital property is and how to divide it between the parties. The law also goes into detail about things like how a non-marital asset can get commingled and become marital property.

Who divides property?

Generally, parties first have the option to divide property on their own. When dividing property on your own, it helps to use tools like a property division worksheet. If parties cannot divide property on their own, the court will divide it for them.

How are alimony and property division different?

Alimony and property division are different pieces of a divorce. Property division is the splitting of assets and debts that are present in the marriage. Alimony is where one party has to give the other party money to financially support them.

How is property split in a divorce?

Property is split equitably in a divorce. What equitable means is different in different states and situations though. For example, in short-term marriages, the party that came in with more assets will likely leave with more assets.
As for the process, parties first try to separate assets on their own. If they cannot do this, then the court comes in and does it for them.

What property cannot be split in a divorce?

Non-marital property, often called individual or separate property, is not split during a divorce. Different states outline different rules on what is and is not marital property. Things like inheritances and gifts are usually separate property, but even these assets can become commingled.