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The meaning of “equitable distribution”

On Behalf of | Feb 2, 2021 | Divorce

Virginia is one of the states in the union that will implement equitable distribution at the time of a divorce. But what exactly is equitable distribution, and how does that affect people? First, people must understand that this is not the same as equal distribution where there is a 50/50 split of assets. In fact, much of the decisions made during equitable distribution are made on a case-by-case basis. Read on to learn in greater detail about equitable distribution.

How courts determine what is fair

Unlike other states, which simply take a couple’s assets and divide them down the middle, equitable distribution states will take a step back and look at the situation. They will think about who deserves more of the assets. For example, if a wife stopped working for years in order to take care of the children or simply maintain the home, the courts along with her family law attorney may argue that the wife is someone who could have a difficult time going back into the workforce. This may be used to determine that she deserves a little more for her to live a comfortable life going forward.

Determining equitable distribution

Before any decision is made, the courts will allow couples to attempt to come to an agreement amongst themselves. If no agreement comes to fruition, the courts will have to step in to decide for you. Some of the areas that the courts will look into include:

  • Years of marriage
  • Needs of each spouse
  • Total value of each person’s assets

Are you about to go through a divorce and are worried about the equitable distribution laws within your state? The best course of action is to seek the services of an attorney as soon as possible. Doing so may speed up the process and get you what you need to move on after the divorce has been settled.

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Attorney Harvey S Lutins