Additional Factors in Equitable Distribution
Aside from considering the individual separate property assets of the spouses, the court also considers additional factors, which vary depending on the state. Factors considered in equitable distribution often include objective factors such as the duration of the marriage and the age and relative health of the spouses. For instance, if one spouse has poor health or medical issues that could affect their future earning power, the court may be more inclined to distribute more of the marital property to this spouse. The court directly considers the earning power of each spouse. In addition, courts consider the value of each spouse's contribution to the marriage. If one spouse was a homemaker, the court will determine the value of this contribution to the marriage as well.
The court may also use equitable distribution to penalize a spouse if he or she wasted or significantly dissipated marital property, either during the marriage or after separation. Some states may also penalize a spouse if there was abuse or infidelity in the relationship. Further, courts virtually always take into consideration which spouse will receive the primary responsibility of caring for the children of the marriage when distributing the marital assets
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