Arnelle Strand, P.A.

The general rules concerning division of property with martial estate can be simply stated.

First, being the "good guy", the "hardest worker" or the "highest earner" does not entitle you to more property or favored treatment.

Second, as a very rough rule of thumb within this jurisdiction, each person is normally entitled to an equal share of the property accumulated during the marriage at the end of the marriage, regardless of which spouse made the most money during the course of the marriage.  Exceptions to this rule are:

1.        If certain property was acquired separately prior to the marriage, then the person owning the property at that time is generally entitled to retain it (or at least be credited with the value of the property as of the date of the marriage) upon divorce.  This is not true, however, if the individually acquired property is deemed to have been "gifted" to the other spouse or to the marriage.

2.     If the property was accumulated during the marriage as a result of a direct gift to only one of the spouses, whether by a third party or through a testamentary devise, then the person who received that gift is generally permitted to retain the property, or be "credited" with its value for purposes of dividing property upon divorce.

Another aspect of property distribution is disposition  of the family/marital residence, if the parties own one.  Frequently, the Court orders the immediate sale of the marital residence and division of the proceeds is awarded to the parties i n equal shares.  The Court occasionally permits the spouse being awarded the substantial time with the children to retain the marital residence in order to insure stability until the youngest child turns eighteen (18) , provided it is financially feasible.  If the marital residence is the only residence, the Court does not usually award the home to the parent who has the children substantial time.