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Written by Karen B. Hall
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Wednesday, 21 January 2009 20:34 |
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Fault is not relevant in an equitable distribution proceeding, except to the extent that marital misconduct has had an economic impact on the marital estate. Where the equitable distribution factors make it equitable for one spouse to receive more (or less) than 50% of the net marital estate, a court's award would be unequal, that is other than 50/50. Unequal distributions can come in any percentages such as 60/40 or 75/25, for example. A typical negotiated settlement on marital property often tends to be quite close to a 50/50 division, unless the spouses can agree to a different allocation. In a negotiated settlement, any ratio is permitted. The real question is what percentages the parties can agree to.
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