Property Division Calculator

Estimate divorce property division for community property and equitable distribution states

Frequently Asked Questions

What's the difference between community property and equitable distribution?

COMMUNITY PROPERTY (9 states: AZ, CA, ID, LA, NV, NM, TX, WA, WI): all property acquired during marriage is split 50/50 regardless of who earned it or whose name is on it. Separate property (premarital, inheritance, gifts) is excluded. EQUITABLE DISTRIBUTION (41 states + DC): courts divide marital property "fairly" - usually 50/50 baseline but adjusted for income disparity, marriage length, custody, contributions, and waste of assets. Equitable doesn't mean equal.

What counts as marital vs separate property?

MARITAL: anything acquired during marriage (income, retirement contributions during marriage, home equity gained during marriage, debts incurred together). SEPARATE: anything owned before marriage, inheritance, gifts to one spouse only, personal injury settlements (in most states), property excluded by valid prenup. Commingling separate property (depositing inheritance into joint account) often converts it to marital. Document separate property carefully.

Who gets the marital home in a divorce?

Common outcomes: (1) sell and split proceeds, (2) one spouse buys out the other, (3) deferred sale (often until youngest child finishes school). In community property states, equity is split 50/50. In equitable states, custodial parent often gets the home for stability. Mortgage liability stays with whoever's name is on the loan unless refinanced. The marital home is the most-litigated asset in 60% of divorces (AAML).

How are retirement accounts divided?

Marital portion of 401(k)s, pensions, and IRAs = balance × (years married while accruing ÷ total years accruing). Each spouse typically gets 50% of the marital portion. 401(k)s and pensions require a Qualified Domestic Relations Order (QDRO) to transfer without tax penalty. IRAs transfer via "incident to divorce" without QDRO. Roth and traditional accounts are split separately. See our QDRO calculator for the coverture fraction math.

Legal Disclaimer: Information only. Not legal advice.

This calculator provides information for educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and individual circumstances. Do not rely on this tool for legal decisions. Consult a licensed attorney in your jurisdiction for legal advice.