Division of assets in a divorce depends on the state where the divorce occurs. Some states, such as California, consider all marital assets community property, while other states, such as Florida, are equitable distribution states, where a judge divides the marital assets equitably, but not necessarily equally.
In equitable distribution states, a judge may decide to divide the assets unequally for several reasons.
Although marital misconduct, e.g., adultery, can feel devastating, it does not always result in unequal asset distribution. However, when your spouse does things that reduce your marital assets, including excessive spending, using marital assets for illegal substances or acts or hiding assets, he or she may receive a reduced portion.
If you used separate property or money to purchase assets during your marriage, you can claim that you should own the asset. A judge can review the purchase and determine that you should have legal ownership of the asset you paid for.
If you have a disability that prevents you from gainful employment, you may receive a greater portion of the marital assets. However, your spouse should be healthy and have the ability to work. The courts attempt to ensure that both you and your spouse can live and maintain your life.
When they divide your assets, the courts also evaluate your future financial situation. For example, if you have higher education or a higher paying job with advancement potential and your spouse was a stay-at-home parent, your financial outlook is stronger. In this case, a judge may give your spouse a greater amount of your marital assets.
These are just a few reasons for unequal distribution. Gather your evidence and prepare to defend your position for the best results.