For division of marital property upon divorce most states follow the equitable distribution method. The equitable distribution method attempts to divide the property in a manner fair to each of the spouse taking into consideration several factors like burden of children, earning capacity of the spouses, contribution of any spouse as homemaker, the length of the marriage, separate property of the spouses, marital infidelity etc.
In some states adopting the equitable distribution mode, findings of marital abuse or fault against the concerned spouse reduce the property distribution to him. Other states ignore marital misconduct in the disposition of marital property.
Equitable distribution states consider the respective contribution of each spouse during the subsistence of the marriage. The spouse with higher contribution gets proportionally larger share of the joint assets. The courts also consider the separate assets that each spouse brought into the marriage and thereafter inherited or received as gifts during the subsistence of marriage.
Generally if separate property is not blended with the joint assets, the courts will treat the same as belonging individually to the spouse concerned and not liable to division.
