Courts that use a system of equitable distribution take into account both the marital property and the separate property of the couple going through the divorce proceedings. While both the separate property and the marital property of the spouses will be taken into account, the court will only actually distribute the marital property. The reason that the court considers the separate property of each spouse is that it may have an affect on the distribution of the marital property. For example, if one spouse has an abundance of valuable separate property, and the other spouse has very little, the court may allocate more of the marital property to the spouse with very little separate property.
Read more: http://family-law.freeadvice.com/family-law/divorce_law/equitable_distribution.htm#ixzz3loTfdtlk
Under Creative Commons License: Attribution
Follow us: @FreeAdviceNews on Twitter | freeadvice on Facebook