Property Division Calculator — All
50 States

In the 9 community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI), assets acquired during the marriage are presumed to be owned 50/50 and are divided equally in a divorce. In the 41 equitable distribution states (plus DC), courts divide marital property 'fairly' based on factors like the length of the marriage, each spouse's income and earning potential, contributions to the marriage, and economic circumstances — which frequently results in an unequal split. Alaska allows couples to opt into community property by written agreement.

Marital property generally includes all assets and debts acquired by either spouse during the marriage, regardless of whose name is on the account or title. This typically includes: salaries and wages earned during the marriage, investment accounts and retirement accounts funded during the marriage, real estate purchased during the marriage, and debts incurred during the marriage. Gifts and inheritances received by one spouse during the marriage are usually separate property, not marital property — though this can vary by state.

Yes — through a process called 'transmutation' or 'commingling.' If separate property (assets owned before the marriage or received as a gift or inheritance) is mixed with marital property, it can lose its separate character. Examples: depositing an inheritance into a joint checking account, using separate funds to make mortgage payments on a marital home, or adding a spouse's name to a separately owned property. The burden of proof is typically on the spouse claiming separate property to trace it back to its separate source.

Retirement accounts are marital property to the extent they were funded during the marriage. A 401(k) or pension that existed before the marriage is partially marital (the portion accrued during the marriage) and partially separate. Division typically requires a Qualified Domestic Relations Order (QDRO) — a court order that instructs the plan administrator to split the account. IRAs can be split by direct transfer pursuant to a divorce decree without a QDRO. Taxes and early withdrawal penalties may apply depending on how the transfer is handled.

Valuing a family business in divorce is one of the most contentious aspects of property division. Business valuation methods include the asset approach (fair market value of net assets), the income approach (capitalization of normalized earnings), and the market approach (comparable transactions). If both spouses are active in the business, the court must also address goodwill — specifically, whether the business's value includes 'personal goodwill' (dependent on one spouse's reputation) which is often excluded, versus 'enterprise goodwill' which is marital. Spouses typically hire competing experts, and the court decides which valuation method and number to apply.