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Divorce Settlement Calculator

Estimate how marital assets will be divided based on your state's laws — community property (50/50) or equitable distribution adjusted for income, marriage length, and children.

Marital Assets

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Business value owned during marriage (both spouses combined). Courts may use different valuation methods.

Estimates include wider range (±6%) due to contested valuations.

Deductions

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Assets owned before marriage or inherited (stays with original owner)

Spouse Incomes

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1 year20 years40 years

Community Property vs Equitable Distribution

01

Community Property States

9 states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) split marital assets 50/50. All property acquired during marriage is jointly owned regardless of who earned it.

02

Equitable Distribution States

The remaining 41 states divide assets "fairly" — not necessarily equally. Courts weigh marriage length, income, contributions, and needs. The split typically ranges from 35–50% for the lower-earning spouse, with longer marriages closer to 50%.

03

Marital vs Separate Property

Only marital property (acquired during marriage) is divided. Separate property — inherited assets, pre-marriage property, gifts — typically stays with the original owner unless commingled. Documenting and excluding pre-marital assets is critical to an accurate estimate.

04

Negotiated vs Court-Ordered

Most divorces settle through negotiation or mediation — courts rarely decide every item. A skilled divorce attorney can significantly affect the outcome of an equitable distribution.

Property Division Laws by State

Community property states mandate a 50/50 split. Equitable distribution states give judges discretion — most settle in the 35–50% range for the lower-earning spouse, depending on marriage length, income gap, and state.

State Division Type Lower Spouse Typical Share
California Community Property 50%
Texas Community Property 50%
New York Equitable Distribution 40–48%
Florida Equitable Distribution 40–48%
Illinois Equitable Distribution 40–47%
Pennsylvania Equitable Distribution 38–46%
Ohio Equitable Distribution 38–45%
Georgia Equitable Distribution 35–45%

Frequently Asked Questions

Only marital property is divided — assets acquired during the marriage. This typically includes: the family home (or its equity), retirement accounts accrued during marriage, savings and investment accounts, vehicles, business interests built during marriage, and marital debt. Separate property — inheritances, gifts to one spouse, pre-marital assets — generally stays with the original owner, unless it was "commingled" with marital funds.

In community property states (CA, TX, NV, AZ, etc.), a 50/50 split is the default. In equitable distribution states, courts aim for a "fair" division — which is often 45–50% for the lower-earning spouse in long marriages, but could be 35–40% in shorter marriages or when there is a large income disparity in the higher-earning spouse's favor.

The most common outcomes: (1) sell the home and split the equity, (2) one spouse buys out the other (requires refinancing), (3) one spouse stays temporarily (often the custodial parent) until children leave school, then the home is sold. Determining equity requires a current appraisal minus the outstanding mortgage balance.

Yes — the portion earned during the marriage is marital property. Dividing a 401(k) or pension requires a Qualified Domestic Relations Order (QDRO), a separate legal document. IRAs are split via a "transfer incident to divorce." Splitting retirement accounts properly avoids early withdrawal taxes and penalties.

In community property states, marital fault (adultery, abuse) generally does not affect property division — it's still 50/50. In equitable distribution states, about half allow fault to influence division, though few judges dramatically change the split based on conduct alone. Fault has more impact on alimony awards.

No — pre-marital assets are 'separate property' in virtually all states and are not subject to division. This includes assets you owned before the marriage, inheritances received at any time, and gifts made to you individually. The critical exception is 'commingling' — if you deposited an inheritance into a joint account or used pre-marital funds to pay a joint mortgage, those assets may become partially marital. Documenting and excluding pre-marital assets is one of the most impactful steps to an accurate divorce settlement estimate.

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