Dividing assets and debts in divorce? Here’s the scoop 👉 States follow one of two rules—Community Property or Equitable Distribution.
Community Property States
💼 In Community Property states (9 states) → Assets earned during the marriage are split 50/50—simple as that (mostly.) There are exceptions to this rule.
🔥 Hot Tip – A valid and enforceable prenuptial agreement (prenup) can override specific community property rules. Work with the professionals at Hello Prenup to create yours!
⭐️ Community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Also Puerto Rico. * Alaska allows an opt-in.
Equitable Distribution States
⚖️ In Equitable Distribution States (41 states) → Assets are divided based on what’s fair, considering factors like income, contributions, and more—every state does it a little differently.
The longer the marriage, the more likely a judge will treat all property as joint—even if it was bought before the wedding or kept separate. Over time, courts often see those “mine vs. yours” lines blur, viewing you as one team.
⭐️ Equitable distribution states: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, West Virginia, and Wyoming.
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