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Prenuptial Agreement Glossary

equitable distribution

Equitable distribution is observed in all states that do not follow community property laws. This means, if a marriage ends, the court will distribute all of the property acquired during the marriage in an "equitable" or fair manner. To determine distribution, the court may look at a variety of factors, including:

  • The relative earnings contributed by both spouses during the marriage
  • Whether one spouse subordinated a career to raise the children
  • The amount of each spouse's separate property
  • The duration of the marriage
  • Which spouse will have custody of the children

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