Question 1

Is everything split 50/50?

Accepted Answer

Not necessarily. In equitable distribution states (41 of 50), courts divide property fairly — not equally. Factors include marriage length, each spouse's income, contributions to the household, and future earning capacity. Only 9 community property states default to a 50/50 split.

Question 2

What counts as marital property?

Accepted Answer

Generally, anything acquired during the marriage — homes, cars, bank accounts, retirement funds, stock options, and business interests. Property owned before marriage or received as a gift or inheritance is usually separate, but commingling can convert separate property to marital.

Question 3

Can I keep the house?

Accepted Answer

You might, but you'd typically need to buy out your spouse's share of the equity or trade other assets of equal value. Consider whether you can afford the mortgage, taxes, and maintenance on a single income before deciding.

Question 4

How are retirement accounts divided?

Accepted Answer

Retirement accounts (401k, pensions, IRAs) earned during the marriage are typically marital property. Division usually requires a Qualified Domestic Relations Order (QDRO) for employer plans. Only the portion accumulated during the marriage is subject to division.

Question 5

What about hidden assets?

Accepted Answer

During divorce, both parties must provide full financial disclosure. If you suspect hidden assets, your attorney can use discovery tools — subpoenas, depositions, forensic accountants, and lifestyle analysis. Hiding assets is illegal and can result in penalties, sanctions, or contempt charges.

Question 6

How is a business valued in divorce?

Accepted Answer

Business valuation typically uses one or more methods: income approach (projected future earnings), market approach (comparable sales), or asset approach (net asset value). Professional appraisers or forensic accountants are often engaged. Goodwill — both personal and enterprise — is a frequent point of dispute.

Question 7

What happens to stock options and RSUs?

Accepted Answer

Vested stock options and RSUs earned during the marriage are marital property. Unvested grants may also be partially marital depending on the grant date and vesting schedule. Courts often use the "time rule" or "coverture fraction" to determine the marital share.