To divide property after divorce, spouses must categorize assets as separate or marital. Marital property is split equitably, not necessarily equally, based on factors like financial contributions, length of marriage, and children’s needs. Separate property remains with the owner. Mediation or court proceedings determine division, with states following community property (50/50 in some) or equitable distribution laws.

The U.S. approach prioritizes fairness over strict equality, as most states use equitable distribution. A 2022 American Bar Association survey found 70% of divorce cases involve complex property division, with courts considering spousal support, debt responsibility, and asset type. For example, retirement accounts often requireQDROs (Qualified Domestic Relations Orders) to allocate shares. Data from the National Center for Family Law Research (2021) shows 65% of marital property disputes center on retirement accounts and business valuations, highlighting the need for expert valuation. States like California (community property) and New York (equitable) handle divisions differently, but both aim to balance fairness and practicality. Economic disparities and prenuptial agreements further influence outcomes, as noted in a 2023 Pew Research study, which found 40% of divorcing couples cite financial conflicts as a primary cause. Thus, structured legal processes and professional guidance are critical to ensuring fair and enforceable settlements.