An equitable distribution of your income or assets is not the same as an equal distribution. In fact, it can work in your favor in some cases to have an equitable split instead of one that is 50/50.

An equitable distribution plan during your divorce means you’ll get what you deserve. A judge will look at your requests, what your attorney believes you’re entitled to and any prenuptial agreements or marital agreements you have. Aspects of your marriage may be taken into account, like whether or not you supported your spouse or paid for his or her education.

Even though your assets will be divided equitably, that doesn’t mean all of your assets will be included in the divide. Any assets that are not marital property — that includes separate accounts and property owned before the marriage — will not be divided. Any property that can be proven to be marital property will be divided between both parties.

As someone going through a divorce, you may be concerned that you won’t get your fair share. You spent years of your life married to this person, and you shouldn’t have to worry about leaving your marriage with nothing. Fortunately, most states now offer equitable distribution as an option, so unless you have a predetermined agreement, you should be entitled to an amount of property equal to the needs you have and the money you’ve put into your marriage.

Our website has more information on equitable distribution and how it can affect your divorce. With the right planning, you can fight for assets that you want and need.