How is Marital Property Divided?

Although there is no hard and fast rule, factors for the court to consider are:

  • Duration of the marriage
  • Contribution of the parties to the marital estate
  • Age of the parties
  • Lifestyle and status of the parties
  • Necessities and circumstances of the parties
  • Past relations and conduct of the parties
  • General principles of equity

This is not an exhaustive list, and the court may consider additional factors in a particular case. Conversely, all of the factors may not apply in each case, and the court is not required to give them equal weight. Fairness is the overriding concern, and when any of the factors are relevant to the value of the property or the needs of the parties, the court must make specific findings of fact.