Salisbury Equitable Distribution Attorneys

How Are Marital Assets Defined During Equitable Division? 

Equitable division starts with classifying marital assets. This refers to property acquired during the course of the marriage, such as joint bank accounts, the marital home, retirement benefits, businesses, vehicles, and marital debt. Separate property belonging to one spouse isn’t subject to division, such as certain gifts or inheritances. 

Our attorneys are well-versed in the nuances of equitable distribution to advocate for your financial interests. We can trace mixed property, uncover hidden assets, review credit card statements and loan documents, audit debts, and inventory digital assets to advocate for a division that protects your financial security. 

How Do Family Courts Determine Equitable Distribution During a Divorce?

State law generally presumes that an equal division (50/50) of marital property is the most equitable outcome. However, this is simply a starting point. If a judge determines that an equal division would be unfair, they may deviate from this standard.

The court may consider a wide range of factors to determine equitable distribution in a divorce, such as: 

• The income, property, and financial obligations of each spouse. The court evaluates each party's financial circumstances. 
• The length of the marriage. Longer marriages often involve greater financial interdependence, which can influence distribution.
• The age and health of each spouse. Physical health, medical needs, and future earning capacity can affect what the court considers equitable. 
• Contributions during the marriage. This includes both financial contributions and non-financial contributions, such as raising children, managing the household, or supporting the other spouse’s education or career. 
• The need for a parent with primary custody to remain in the marital home. The court may consider whether awarding the residence to one parent better supports the stability of minor children.  
• Any direct contribution to increasing or preserving marital or separate property. The court may examine whether either spouse helped acquire, maintain, or improve valuable assets. 
• Tax consequences of the proposed property division. Certain distributions may create different tax obligations that affect the overall fairness of the division. 
• Any intentional waste, transfer, or misuse of marital assets. If one spouse improperly spent, concealed, or disposed of marital property before separation, the court may account for those actions. 

Judges have discretion to consider additional circumstances that may affect a fair division of marital property. We can help you build a persuasive case that accurately reflects your contributions and financial circumstances.

Can Infidelity or Marital Misconduct Affect Property Division in a Divorce?

While marital misconduct doesn’t affect property division directly, it can indirectly influence equitable distribution if the offending spouse engaged in marital waste. For example, if your spouse spent marital funds to finance an affair, the court may view this as financial misconduct and adjust the division accordingly. 

If you believe your spouse engaged in marital waste by spending shared money on hotel rooms, travel expenses, gifts, jewelry, expensive dinners, or housing support for an affair partner, don’t hesitate to contact our lawyers. We can file requests for production and work tirelessly to itemize every dollar squandered on the affair. 

How We Protect Your Financial Interests During Divorce 

Collaborating with Financial Experts 

We routinely partner with trusted forensic accountants and vocational evaluators to properly value complex assets, trace financial discrepancies, and build an objective baseline of your household’s wealth. 

Tracing Commingled Funds

Our legal team reviews transaction histories to separate your personal property from the marital pot, build clear accounting frameworks, and protect the assets you rightfully brought into the marriage.

Navigating Complex Retirement & Pension Divisions

Dividing 401(k)s, IRAs, and federal pensions requires highly specific administrative procedures. We manage the drafting and filing of Qualified Domestic Relations Orders (QDROs) to transfer these funds without unintended tax penalties.

Valuing Closely Held Businesses 

We apply rigorous valuation methods to assess the true market value of closely held businesses, shield your commercial assets from forced liquidation, and structure buyout agreements or offsetting property trades that keep your operations intact.

Securing Injunctions to Prevent Marital Waste

If you suspect your spouse is actively hiding money, selling off property, or draining joint bank accounts in anticipation of a divorce, we can file motions for injunctive relief to freeze vulnerable assets and maintain the financial status quo.

Diligently Safeguarding Your Financial Well-Being

The outcome of property division will shape your financial reality for decades to come, making it essential to work with a firm that understands what’s at stake. At Main Street Legal, we are dedicated to helping you transition into your next chapter with confidence and financial stability. We take the time to understand the specifics of your case and craft strong legal strategies that align with your goals. Our advocates have handled hundreds of thousands of cases and are committed to safeguarding your financial interests every step of the way. 

When your hard-earned assets are on the line, choose a firm with 100+ years of combined experience. Contact us online to discuss your case.