Equitable distribution is the division of all marital assets and debts.

A marital asset or debt is an asset or debt acquired during the marriage. How the asset or debt is titled is not considered by a Court unless a party is claiming that a specific asset or debt is not marital. That party would have to prove why the asset or debt is not marital even though it was acquired during the marriage.

Non-marital assets and debts are assets and debts acquired prior to or after the date of filing. Non-marital assets and debts are awarded to the party who owned the assets or debt and will not be divided by the parties. In general, all marital assets and debts are divided equally, unless there is a reason for an unequal distribution.

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