Is Everything Split 50-50 In Divorce?

No, it is not. At least, there is no hard and fast rule that automatically entitles each spouse to one-half of the marital assets.

While a 50-50 division typically occurs more often than not, it happens only when it is consistent with equity and fairness. For example, 50-50 would be fair and equitable if both spouses had the same or relatively equivalent earnings. However, if one partner earns $90,000 per year and the other partner earns $20,000 per year, then the court may divide their property 60-40 or 65-35 in favor of the spouse who earns less.

Depending on the length of the marriage, the parties’ health circumstances and income potential, the extent of their respective earnings and non-marital assets, and other pertinent factors, it is not uncommon for the court to award 80% to 100% of the marital assets to one spouse.

Another factor to consider is the amount of spousal support that is awarded to the financially dependent spouse. If the alimony/maintenance award is above or below the norm (depending on each party’s financial wherewithal and needs), then the property division may fluctuate to a percentage that achieves overall fairness and equity between the parties.

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Kari and Richard are staunch advocates of the non-court approach to divorce, and are also active and seasoned litigators with over 80 years of combined trial experience in the Illinois divorce courts of Cook and DuPage counties.