How Is Our Property Divided?

If you and your spouse can agree on how to divide your property, you will have the chance to submit an agreement to the court saying how you would like your property to be divided. The Court will approve the agreement unless it finds it unconscionable.

If you cannot agree, the Court will decide how to divide the assets. The Court is required to make a reasonable division of the assets based on the circumstances of the parties, duration of the marriage, a history of the contributions to the marriage by each party, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities, and the ability of the supported party to engage in gainful employment without interfering with the interests of any minor children in the custody of such party.