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Community Property States

There are 9 community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin (Alaska allows it if both parties agree).
In these states, all assets and debts acquired during the marriage are considered joint property, regardless of who earned the money or whose name is on the title.
Property is divided 50/50 upon divorce.
Separate property (assets owned before marriage, inheritances, and gifts specifically to one spouse) is not divided and remains with the original owner.

Example:
If one spouse buys a car during the marriage, it is split equally, even if only one person drove it or paid for it.

Equitable Distribution States

The remaining 41 states follow equitable distribution rules.
Property is divided fairly, but not necessarily equally.
Courts consider factors like:
- Length of the marriage
- Income and financial situation of each spouse
- Contributions to the marriage (including homemaking)
- Future financial needs and earning capacity
- Custody arrangements for children
Judges have discretion to determine what is "fair," which may not always be a 50/50 split.

Example:
If one spouse contributed significantly more financially, the judge might award a larger portion of the assets to balance economic stability.

Marital vs. Separate Property

Marital Property: Acquired during the marriage and subject to division.
Separate Property: Acquired before marriage or through inheritance/gift specifically to one spouse; usually remains with the original owner.
Commingling of Assets: If separate property is mixed with marital property (e.g., using inheritance to pay off a joint mortgage), it may become marital property.