---
title: "Equitable Distribution"
type: Legal Term
source: https://casebriefly.com/legal-terms/equitable-distribution
---

# Equitable Distribution

Equitable distribution is the method used by the majority of states to divide marital property upon divorce, requiring a fair but not necessarily equal allocation of assets and debts. Courts consider a range of statutory factors including the duration of the marriage, each spouse's earning capacity, contributions to the marriage (including homemaking), age and health of the parties, and the economic circumstances of each spouse at the time of division. Unlike community property regimes that presume a 50/50 split, equitable distribution grants judges broad discretion to achieve a just result tailored to the specific circumstances. The distinction between marital and separate property is critical, as only marital property is subject to division.

## Related Terms

- marital-property
- separate-property
- community-property
- no-fault-divorce

## Related Cases

- boddie-v-connecticut

## Example

In dividing the couple's assets, the court awarded the wife 60% of the marital estate under equitable distribution principles, recognizing that she had sacrificed her career for fifteen years to raise the children while the husband built his medical practice.

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Source: [Equitable Distribution — CaseBriefly](https://casebriefly.com/legal-terms/equitable-distribution)