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Understanding Equitable Division Of Property In Divorce

Jul 12, 2024

Divorce brings about numerous challenges, one of the most significant being the division of property. At New Leaf Family, we understand the importance of navigating this process with clarity and fairness. In this article, we delve into the concept of equitable division and how it impacts property settlement during divorce proceedings.

Equitable Division Explained

Property division in divorce is governed by the principle of equitable division. Contrary to popular belief, equitable division does not always mean a 50/50 split. Instead, it aims to achieve a fair distribution of assets based on various factors.

Example Scenario

Consider this scenario: You contributed $20,000 as a down payment on a house, and upon sale, the net proceeds amount to $100,000. While there’s a strong argument for you to receive your initial $20,000 contribution back, the remaining $80,000 may be subject to equitable division, possibly resulting in a 50/50 split.

Factors Influencing Equitable Division

Equitable division takes into account various factors, including:

  • Each party’s financial contributions to the marriage
  • Duration of the marriage
  • Economic circumstances of each spouse
  • Future earning potential
  • Non-monetary contributions, such as homemaking or childcare

Seeking Clarity

Understanding how equitable division applies to your specific situation can be complex. That’s why our team at New Leaf Family is here to provide guidance and clarity. We work closely with our clients to ensure a fair and equitable resolution to property division issues.

Reach Out for Assistance

If you have questions or concerns about property division in your divorce, don’t hesitate to reach out to New Leaf Family. Our experienced team is here to provide personalized assistance and help you navigate this challenging aspect of divorce proceedings.

Christopher Anderson

Christopher Anderson

Attorney

Christopher is a really smart guy (no … he did not write this!) He can analyze and pick apart a dense legal argument like nobody’s business, and then in the next breath explain special relativity or space-time to an 8-year-old. And Christopher has a passion for changing the way Family Law is practiced. He founded New Leaf Family with the dual purpose of: Working to empower clients to make the best decisions for themselves and their families; To make the financial aspect of Family Law more predictable and straightforward for clients. By keeping most decisions in the hands of our clients, Christopher believes they will have more satisfaction with the outcomes, and their families will come through to the next chapter in much better shape. Christopher received his A.B. from Cornell University a really long time ago, when some men had mullets and still took themselves seriously. After Cornell, Christopher went to Georgia, and achieved his J.D.. from the University of Georgia, around the time when you’d hear songs on the radio about things being “ironic” that really aren’t. Christopher started his legal career by prosecuting bad guys accused of horrific sex, crimes for the Bronx District Attorney’s office, and the courtroom became his second home. Over the years he has practiced in several different areas, handling matters as diverse as nasty divorces and custody battles to serving as general counsel to tech companies to representing pilots in licensing issues. In addition to being a scary trial lawyer when called upon to whip out those skills, Christopher also has developed a habit of being invited to give talks to other lawyers about legal technology and law practice management at big lawyer conferences, and works to help other lawyers across the country to improve their law firms as well. Like Penn, Christopher is admitted to practice law in the state and federal courts of Colorado, New York and Georgia. Christopher enjoys snow skiing, oenology, quantum mechanics and astrophysics. He is a frequent, if not always enthusiastic, runner. He is conversational in Dutch and roots for the Netherlands during the World Cup. He makes a mean cappuccino and prefers his martinis stirred, not shaken.