Preserving Families

And Protecting Assets

mother and two kids walking at sunset

What factors does the court consider to divide marital property?

There is a long list of factors, such as the ages of the parties, the value of the community estate, the extent of separate property owned by each spouse, fault in the breakup of the marriage, the earning capacities of each party, the circumstances of any children of the marriage, the health of the parties, and many more.  In general, the court is likely to begin with a 50-50 division of marital property and then modify it as the circumstances warrant.

A common misconception of divorcing parties is that the court can somehow order the other party to pay more money than he or she has.  No matter how badly the extra money may be needed, the judge cannot order a person to pay more than he or she has available.