Divorce: Who Gets What?

Financial issues can play a big role in divorce. Whether you and your spouse own a house or just some furniture and a TV, whether you have major debts or substantial assets, you’ll have to decide who gets what and who’s responsible for paying off debts. Even the question of who keeps the family pet can be a bone of contention. If you can’t agree on how to split your property, a judge will decide for you.

And when one of you needs financial support during or after the divorce, the issue of alimony will also come into the picture. Some people hope to ward off financial disputes in divorce with a prenuptial agreement, but that might not always work to your advantage.

Whatever the state of your finances, you should be prepared to deal with these issues when you’re ending your marriage—and to learn how the law applies to property and divorce.

  • Property Division by State

    If you and your spouse can't agree on how to distribute property during your divorce, a judge will divide your assets under the laws in your state. Learn about the differences between community property and equitable distribution states.

  • How to Find Hidden Assets in Divorce

    Unfortunately, some people try to hide income or other property during their divorce. If you suspect your spouse of doing that, there are steps you can take to find the hidden assets.

  • What Happens to a Trust in a Divorce?

    Learn how trust property gets divided in a divorce, including what happens to property in a living trust, or property that you or your spouse inherited.

  • Dividing a 401(k) and Other Retirement Accounts in Divorce

    Aside from a marital home, retirement accounts are often a couple's most valuable marital asset. When you're getting a divorce, it's critical to understand your rights and obligations to share your retirement accounts with your ex.

  • Inheritance and Divorce

    Learn whether a court can divide your inheritance in a divorce.

More
More

  • Enforcing Alimony Orders

    Learn what you can do to enforce spousal support if you're having trouble collecting what your ex owes you—and the potential consequences for not obeying alimony orders.

  • How Remarriage Can Affect Alimony

    An overview of how remarriage or cohabitation will affect ongoing alimony obligations.

  • How to Reduce Alimony Payments

    If you owe alimony to an ex but can't afford to pay it, you shouldn't just stop making the court-ordered payments. Learn what you need to do to reduce your spousal support obligation.

  • Separate Maintenance and Legal Separation

    If you decide to separate from your spouse rather than get a divorce, you might be able to get a court to order your spouse to pay you support.

  • The Seven Rules of Alimony and Taxes

    Until recently, the IRS allowed paying spouses to deduct alimony payments and required recipients to report it as income. However, the rules have changed for any divorce finalized on or after January 1, 2019.

More
More

More About This Topic

More Legal Topics

Considering Divorce?
Talk to a Divorce attorney.
We've helped 85 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please enter a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Please enter a valid Case Description
Description is required
How It Works
  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you