What is the Difference Between ‘Equal’ and ‘Equitable’ Distribution in a Divorce?

Padraic D. Walsh, Attorney at Law

In the context of a dissolution of marriage (divorce), “equal” and “equitable” are terms used to describe the distribution of assets and liabilities between the parties.

“Equal” distribution means that the assets and liabilities of the marriage will be divided equally between the parties. This means that each party will receive 50% of the assets and liabilities.

“Equitable” distribution, on the other hand, means that the assets and liabilities of the marriage will be divided in a way that is fair and just, but not necessarily equal. This means that the court will consider a variety of factors, such as the length of the marriage, the income and earning potential of each party, and the needs of any minor children, in determining how to distribute the assets and liabilities in a way that is fair to both parties.

In some states, the distribution of assets and liabilities is required to be equal, while in others it is required to be equitable. In those states where it is required to be equitable, the court has more discretion to make decisions that are fair and just to both parties.

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