Community Property and Equitable Distribution States (2026)
Which states divide marital property as community property and which use equitable distribution, with what counts as separate property.
| State | Dividing property |
|---|---|
| Alabama | Alabama divides the marital estate equitably (fairly, not necessarily equally). The judge generally may not consider property a spouse owned before the marriage or received by inheritance or gift, unless that property or its income was regularly used for the common benefit of both spouses during the marriage. Retirement benefits earned during the marriage are part of the marital estate, but the share awarded to the other spouse generally may not exceed 50 percent of the benefits the court considers. Ala. Code § 30-2-51 |
| Alaska | Alaska divides property acquired during the marriage, including retirement benefits, in a just manner without regard to fault. Property acquired before the marriage is generally kept out, but the court may divide it when balancing the equities requires. Factors include the length of the marriage, age and health, earning capacity, financial condition, conduct (including wasting marital assets), awarding the family home to the parent with primary custody, and how and when the property was acquired. Property held under a community property agreement or trust is divided as is just and equitable. Alaska Stat. § 25.24.160(a)(4), (e) |
| Arizona | Arizona is a community property state. Property acquired by either spouse during the marriage is community property, except gifts and inheritances and property acquired after service of a petition that results in a decree. Property owned before marriage, gifts and inheritances, and their rents and profits are separate property. The court assigns each spouse's separate property to that spouse and divides community and jointly held property equitably, though not necessarily in kind, without regard to marital misconduct. The court can consider wasting, concealing or fraudulently disposing of shared property. Ariz. Rev. Stat. §§ 25-211, 25-213, 25-318 |
| Arkansas | Arkansas uses equitable distribution. Marital property is divided one-half to each spouse unless the court finds that unfair; if it divides unequally, it must state its reasons, considering factors such as the length of the marriage, age and health, income, employability, needs, and each spouse's contributions, including as a homemaker. Non-marital property is returned to the spouse who owned it unless the court finds another division equitable. Non-marital property includes property acquired before marriage or by gift or inheritance, property received in exchange for such property, its increase in value and income, property excluded by a valid agreement, and certain disability and personal-injury benefits. Ark. Code Ann. § 9-12-315 |
| California | California is a community property state. Unless the spouses agree otherwise, the court divides the community estate equally. Community property is generally what either spouse earned or acquired, and debts taken on, during the marriage before the date of separation; property acquired while living outside California that would have been community property is treated the same (quasi-community property). Separate property is what each spouse owned before marriage or after separation, plus gifts and inheritances received at any time and anything bought with separate property. In general, each spouse keeps their separate property and the community property is split. Cal. Fam. Code § 2550; Judicial Branch of California Self-Help Guide, Property and debts in a divorce |
| Colorado | Colorado uses equitable distribution. The court sets apart each spouse's separate property and divides marital property, without regard to marital misconduct, in proportions it finds just, considering each spouse's contributions (including as a homemaker), the value of each spouse's separate property, each spouse's economic circumstances (including awarding the family home to the parent the children mainly live with), and changes in the value of separate property during the marriage. Marital property is everything acquired during the marriage except gifts and inheritances, property exchanged for pre-marriage or gifted property, property acquired after a decree of legal separation, and property excluded by valid agreement. C.R.S. § 14-10-113 |
| Connecticut | Connecticut uses equitable distribution. When entering a divorce, annulment or legal separation decree, the court may assign to either spouse all or part of the other spouse's estate, and can transfer or order the sale of real property. It considers the length of the marriage, the causes of the breakdown, each spouse's age, health, station, occupation, income, earning capacity, skills, education, employability, estate, liabilities and needs, their opportunity to acquire future assets, and each spouse's contribution to acquiring, preserving or increasing the value of their estates. Conn. Gen. Stat. § 46b-81 |
| Delaware | Delaware uses equitable distribution. On request, the court divides marital property without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills, employability, debts and needs, whether the award is instead of alimony, each spouse's contribution or dissipation (including as a homemaker), and tax consequences. Marital property is all property acquired during the marriage, except property gained by inheritance or by gift meeting certain conditions, property exchanged for pre-marriage property, property excluded by valid agreement, and the increase in value of pre-marriage property. Jointly titled real estate bought before the marriage is marital property unless excluded by agreement. 13 Del. C. § 1513 |
| District of Columbia | D.C. uses equitable distribution. Unless a valid prenuptial or postnuptial agreement resolves property, the court assigns each spouse their separate property: property owned before the marriage, gifts and inheritances received during the marriage, any increase in them, and property acquired in exchange for them. All other property and debt accumulated during the marriage is divided in an equitable, just and reasonable way, regardless of whose name is on the title, considering factors such as the length of the marriage, each spouse's age, health, income, skills, assets, debts and needs, custody arrangements, contributions as a homemaker or to the other's education, dissipation of assets, taxes, and circumstances leading to the breakdown, including physical, emotional or financial abuse. D.C. Code § 16-910 |
| Florida | Florida uses equitable distribution, and the court starts from the premise that marital assets and debts should be divided equally. It can divide unequally based on factors such as each spouse's contributions, economic circumstances, length of the marriage, career interruptions, and intentional waste of marital assets within 2 years before filing. Nonmarital (separate) property generally includes assets owned before the marriage, gifts and inheritances from third parties, income from nonmarital assets (unless treated as marital), and assets excluded by a valid written agreement. Assets acquired during the marriage are presumed marital. Fla. Stat. § 61.075 |
| Hawaii | Upon divorce, the court divides the spouses' property (whether community, joint, or separate) and assigns responsibility for debts in a way that is just and equitable. The court considers the respective merits of the parties, their relative abilities, the condition each will be left in, burdens for the benefit of the children, any concealment or failure to disclose income or assets, and all other circumstances. HRS § 580-47(a) |
| Idaho | Idaho is a community property state. Property acquired during the marriage is generally community property, and income from both separate and community property is community property unless a written agreement says otherwise. Separate property is property owned before marriage or acquired during marriage by gift, inheritance, or with separate funds, and it is awarded to the owning spouse. Community property is divided substantially equally unless there are compelling reasons otherwise, considering factors such as length of the marriage, any prenuptial agreement, each spouse's age, health, income, job skills and needs, and retirement benefits. Idaho Code §§ 32-712, 32-903, 32-906 |
| Illinois | Illinois uses equitable distribution. Each spouse keeps their non-marital property, and the court divides marital property in 'just proportions' without regard to marital misconduct, considering factors such as each spouse's contributions (including as a homemaker). Marital property is generally everything either spouse acquired during the marriage. Non-marital property includes gifts and inheritances, property owned before the marriage, property acquired in exchange for those, property excluded by a valid premarital or postnuptial agreement, property acquired after a legal separation judgment, and increases in value of non-marital property (subject to reimbursement). Property acquired during the marriage is presumed marital unless shown otherwise by clear and convincing evidence. 750 ILCS 5/503(a), (b), (d) |
| Indiana | Indiana uses equitable distribution with a presumption of equal division. The court divides all of the spouses' property, including property owned before the marriage and property acquired by either spouse's own efforts or by gift or inheritance, in a just and reasonable manner. An equal division is presumed just and reasonable, but a spouse can rebut it with evidence about each spouse's contributions, whether property was acquired before the marriage or by inheritance or gift, each spouse's economic circumstances (including who will live in the family home with the children), conduct related to wasting property, and earning ability. Ind. Code §§ 31-15-7-4, 31-15-7-5 |
| Iowa | Iowa is an equitable distribution state. The court divides all property, whether acquired before or during the marriage, equitably, except gifts and inheritances received by one spouse (before or during the marriage), which stay with that spouse unless refusing to divide them would be unfair to the other spouse or the children. Factors include length of the marriage, property each brought to it, contributions including homemaking and child care, age and health, earning capacity, who has the children, any spousal support, pensions, tax consequences, and any written or prenuptial agreement. Marital fault is not a factor. Iowa Code § 598.21(5), (6) |
| Kansas | Kansas uses equitable division. When a divorce or separate maintenance case is filed, all property owned by either spouse, whether owned before the marriage or acquired after, becomes marital property, and the court divides it. Factors include the spouses' ages, length of the marriage, the property owned, present and future earning capacities, the time, source and manner in which property was acquired, family ties and obligations, any maintenance, dissipation of assets, and tax consequences. K.S.A. 23-2801, 23-2802 |
| Kentucky | Kentucky uses equitable distribution. Each spouse is assigned their own (non-marital) property, and marital property is divided in just proportions without regard to marital misconduct, considering each spouse's contributions (including as a homemaker), the value of property set apart to each, length of the marriage, and economic circumstances (including who stays in the family home with the children). Marital property is generally everything acquired during the marriage, except gifts and inheritances (and their income), property exchanged for premarital or gifted property, property acquired after a legal separation decree, property excluded by valid agreement, and passive increases in value of premarital property. Property acquired during the marriage is presumed marital. KRS 403.190 |
| Louisiana | Louisiana is a community property state. Property of married persons is either community or separate, and each spouse owns a present, undivided one-half interest in the community property. Separate property includes property owned before the community began; property received individually by inheritance or gift; property bought with separate funds (or mostly separate funds, where the community share is inconsequential); certain damages awarded to one spouse against the other; and things received through a voluntary partition of the community during the marriage. La. Civil Code arts. 2335, 2336, 2341 |
| Maine | Maine divides marital property in proportions the court considers just (equitable distribution), after setting apart each spouse's own property. Factors include each spouse's contribution, including as a homemaker; the value of property set apart to each spouse; each spouse's economic circumstances, including whether the parent with the children should get the family home; and economic abuse. Marital property is property acquired by either spouse during the marriage, except property received by gift or inheritance, property exchanged for pre-marriage or gifted property, property acquired after a legal separation decree, property excluded by a valid agreement, and certain increases in value of non-marital property. Property acquired during the marriage is presumed marital regardless of how title is held. 19-A M.R.S. § 953 |
| Maryland | Maryland is an equitable distribution state. The court first decides which property is marital property: property either spouse acquired during the marriage, however it is titled. Marital property does not include property acquired before the marriage, gifts or inheritances from a third party, property excluded by a valid agreement, or property traceable to those sources. The court may then transfer interests in certain property (such as retirement plans, family use personal property and the jointly owned family home) or grant a monetary award to adjust the spouses' rights fairly. Factors include each spouse's monetary and nonmonetary contributions, the value of each spouse's property, economic circumstances, what led to the estrangement, the length of the marriage, ages and health, and how the property was acquired. A spouse with custody of a child may be given use of the family home and family use property for up to three years. Md. Code, Family Law §§ 8-201, 8-203, 8-205; Maryland Judiciary, Divorce |
| Massachusetts | Massachusetts is an equitable distribution state. The court may assign to either spouse all or part of the other spouse's estate, including vested and nonvested retirement, pension and other benefits accrued during the marriage. The statute does not limit division to property acquired during the marriage. Factors include the length of the marriage, conduct during the marriage, each spouse's age, health, station, occupation, income, vocational skills, employability, estate, liabilities and needs, the opportunity of each to acquire future assets and income, any alimony, and the needs of dependent children. The court may also consider each spouse's contribution to acquiring, preserving or increasing the value of the estates, including as a homemaker. Mass. Gen. Laws ch. 208, § 34 |
| Michigan | Michigan is an equitable distribution state. On divorce, annulment or separate maintenance, the court may restore to either spouse all or part of the property that came to them through the marriage, or award its value in money, as it finds just and reasonable. The court may also award a spouse all or part of property owned by the other spouse, as is equitable, if the spouse contributed to acquiring, improving or accumulating it. If the property awarded is not enough to support a spouse and the children in their care, the court may award more of the other spouse's property. MCL 552.19; MCL 552.401; MCL 552.23 |
| Minnesota | Minnesota divides marital property in a just and equitable way, without regard to marital misconduct. Marital property is property acquired by either spouse during the marriage, including pension benefits, and it is presumed marital regardless of how title is held. Nonmarital property includes property acquired before the marriage; gifts or inheritances to one spouse from a third party; property exchanged for, or the increase in value of, nonmarital property; property acquired after the valuation date; and property excluded by a valid prenuptial agreement. Factors include the length of the marriage, any prior marriage, each spouse's age, health, occupation, income, skills, employability, estate, debts and needs, and each spouse's contributions, including as a homemaker. Each spouse is presumed to have made a substantial contribution while they lived together. Minn. Stat. §§ 518.003, subd. 3b; 518.58 |
| Missouri | Missouri is an equitable distribution state. The court sets apart each spouse's nonmarital property and divides marital property and debts in proportions it considers just, considering each spouse's economic circumstances (including whether the parent with custody should have the family home), each spouse's contribution, including as a homemaker, the value of nonmarital property, the spouses' conduct during the marriage, and custodial arrangements for minor children. Marital property is property acquired by either spouse during the marriage, except gifts and inheritances, property exchanged for pre-marriage or gifted property, property acquired after a legal separation decree, property excluded by a valid written agreement, and increases in value of nonmarital property unless marital assets or labor contributed to the increase. Property acquired during the marriage is presumed marital regardless of title, and nonmarital property does not become marital just because it was commingled. RSMo § 452.330 |
| Montana | Montana is an equitable distribution state. The court equitably divides all property and assets belonging to either or both spouses, however and whenever acquired and in whoever's name, without regard to marital misconduct. Factors include the length of the marriage and any prior marriage; each spouse's age, health, station, occupation, income, vocational skills, employability, estate, debts and needs; custody arrangements; whether the division replaces or adds to maintenance; future earning opportunities; and contributions to or dissipation of the estates, including as a homemaker. For property owned before the marriage, gifts and inheritances, property exchanged for them, their increase in value, and property acquired after a legal separation, the court considers the other spouse's contributions, such as homemaking and helping maintain the property. Mont. Code Ann. § 40-4-202 |
| Nebraska | Nebraska divides property in a way the court finds "reasonable" (equitable distribution, not community property). The court considers the circumstances of the spouses, the length of the marriage, each spouse's contributions to the marriage (including care and education of the children), and interruptions to careers or education. Neb. Rev. Stat. § 42-365 |
| Nevada | Nevada is a community property state. Property acquired during the marriage is generally community property, and the court must, to the extent practicable, divide community property equally (it may make an unequal division if it finds a compelling reason and explains it in writing). Separate property includes property owned before marriage, property received by gift, bequest, devise or descent, personal injury awards, and the rents and profits from these. NRS 125.150(1)(b); NRS 123.130; NRS 123.220 |
| New Hampshire | New Hampshire uses equitable distribution with a presumption that an equal division is equitable. Property subject to division includes all property belonging to either or both spouses, including property owned before the marriage and property received by gift or inheritance; the court may consider those sources, along with factors such as length of the marriage, each spouse's age, health, income, earning capacity and contributions, fault that caused substantial pain or economic loss, and prenuptial agreements, in deciding whether an unequal division is appropriate. RSA 458:16-a |
| New Jersey | New Jersey uses equitable distribution. Property acquired during the marriage by one spouse through gift, devise or inheritance (other than gifts between spouses) is not subject to distribution. The court weighs factors including the length of the marriage, age and health, property each brought into the marriage, the marital standard of living, written agreements, each spouse's economic circumstances, income and earning capacity, contributions to the other's education, contributions to marital property (including as a homemaker), tax consequences, debts, and the custodial parent's need to stay in the home. There is a rebuttable presumption that each spouse made a substantial contribution to property acquired during the marriage. N.J.S.A. 2A:34-23(h), 2A:34-23.1 |
| New Mexico | New Mexico is a community property state. Community property is property acquired by either or both spouses during the marriage that is not separate property. Separate property includes property acquired before marriage or after a divorce decree, property received by gift, bequest, devise or descent, and property designated as separate by a court judgment or a written agreement between the spouses. NMSA 1978 § 40-3-8; New Mexico Courts Self-Representation: Divorce |
| New York | New York uses equitable distribution. Marital property (property acquired by either spouse during the marriage, regardless of whose name it is in) is divided equitably considering factors such as each spouse's income and property, the length of the marriage, age and health, and contributions as a spouse, parent, wage earner or homemaker. Separate property stays with its owner and includes property owned before marriage, inheritances and gifts from someone other than the spouse, personal injury compensation, property designated separate by written agreement, and increases in value of separate property (except to the extent caused by the other spouse's contributions or efforts). N.Y. Domestic Relations Law § 236(B)(1), (5) |
| North Carolina | North Carolina uses equitable distribution. Marital property (acquired by either spouse during the marriage and before separation, including pensions and retirement benefits) and divisible property are divided equally unless the court finds an equal division is not equitable. Separate property includes property acquired before marriage and property received by inheritance or gift during the marriage (gifts from the other spouse are separate only if that intent is stated in writing). N.C. Gen. Stat. § 50-20 |
| North Dakota | The court makes an equitable distribution of the spouses' property and debts. Unless the spouses agree on a valuation date, marital property and debt are valued as of sixty days before the first scheduled trial date. N.D. Cent. Code § 14-05-24 |
| Ohio | Ohio uses equitable distribution. Marital property is divided equally unless an equal division would be inequitable, in which case the court divides it in the way it finds equitable after considering factors such as the length of the marriage, assets and debts, the family home, tax consequences and retirement benefits. Separate property includes inheritances, property owned before the marriage, passive income and appreciation on separate property, property excluded by a valid prenuptial or postnuptial agreement, personal injury compensation (with exceptions), and gifts proven by clear and convincing evidence to have been given to only one spouse. Ohio Rev. Code 3105.171 |
| Oklahoma | The court confirms to each spouse the property he or she owned before the marriage and property acquired during the marriage in his or her own right. Property acquired jointly during the marriage, no matter whose name is on the title, is divided in a way that is just and reasonable, subject to any valid written prenuptial agreement. Certain veterans' disability payments (Special Monthly Compensation and qualifying Combat-Related Special Compensation) are separate property. 43 O.S. 121(B)-(D) |
| Oregon | Oregon divides property in a way that is "just and proper in all the circumstances" (equitable distribution). Retirement plans and pensions count as property, and homemaker contributions count toward acquiring marital assets. There is a rebuttable presumption that both spouses contributed equally to property acquired during the marriage, however it is titled. Property one spouse received during the marriage by gift, inheritance or similar transfer and kept separately the whole time is not subject to that presumption. Both spouses must fully disclose all assets. ORS 107.105(1)(f) |
| Pennsylvania | Pennsylvania uses equitable distribution. On request, the court divides marital property in the percentages it considers just, without regard to marital misconduct, considering factors such as the length of the marriage, prior marriages, each spouse's age, health, income, skills and needs, contributions to the other's education or earning power, contributions as a homemaker, dissipation, standard of living, tax consequences and custody of children. Marital property is property acquired during the marriage plus certain increases in value of nonmarital property. It does not include property owned before the marriage, property excluded by a valid agreement, gifts (except between spouses) and inheritances, property acquired after final separation (except in exchange for marital assets), and certain veterans' benefits. 23 Pa.C.S. 3501; 3502 |
| Rhode Island | Rhode Island uses equitable distribution: the court may assign to either spouse a portion of the other's estate after considering the length of the marriage, conduct during the marriage, contributions to acquiring, preserving or increasing the estates, homemaker contributions, health and age, income, occupation and employability, future opportunities, contributions to the other's education or earning power, the custodial parent's need for the marital home, and wasteful dissipation. The court may not assign property a spouse held before the marriage (though income from it and appreciation due to either spouse's efforts during the marriage may be assigned), or property received by inheritance or by gift from a third party. Property is assigned before alimony is decided. R.I. Gen. Laws 15-5-16.1 |
| South Carolina | South Carolina uses equitable apportionment of marital property. Marital property is real and personal property acquired during the marriage and owned on the filing date, however titled. Nonmarital property includes inheritances and gifts from third parties, property acquired before the marriage or after a temporary order or signed settlement agreement, property exchanged for nonmarital property, property excluded by written contract (including a qualifying prenuptial agreement), and increases in value of nonmarital property except to the extent caused by the other spouse's efforts. The court weighs factors including the length of the marriage and ages, marital fault that affected finances or the breakup, and the value of the property. S.C. Code 20-3-620; 20-3-630 |
| South Dakota | When a divorce is granted, the court may make an equitable division of property belonging to either or both spouses, regardless of whose name is on the title, with regard for equity and the circumstances of the parties. Fault is not considered in dividing property except as it relates to how property was acquired during the marriage. SDCL 25-4-44; 25-4-45.1 |
| Tennessee | Tennessee uses equitable distribution. Before deciding alimony, the court divides marital property in the proportions it considers just, without regard to marital fault, and allocates marital debt. Factors include the length of the marriage, each spouse's age, health, skills, earning capacity, assets, debts and needs, and contributions to the marriage. Separate property includes property owned before the marriage (including IRAs), property exchanged for it, income and appreciation of premarital property (unless it becomes marital), gifts and inheritances received at any time, certain personal injury and crime-victim awards, and property acquired after a legal separation order that finally divided property. Tenn. Code Ann. 36-4-121 |
| Texas | Texas is a community property state. Community property is property, other than separate property, acquired by either spouse during the marriage, and property held by either spouse during or at the end of the marriage is presumed to be community property. Separate property is property owned before marriage, property received during marriage by gift or inheritance, and personal-injury recoveries (except for lost earning capacity during the marriage); it must be proved by clear and convincing evidence. In a divorce, the court divides the estate in a way it considers "just and right," having due regard for the rights of each party and any children. Tex. Fam. Code §§ 3.001, 3.002, 3.003, 7.001 |
| Utah | Utah uses equitable distribution, not community property. The court generally divides all property acquired during the marriage (marital property), regardless of whose name is on the title. Equitable means fair, which is not necessarily equal; in long marriages it may be a 50-50 split. Property owned before the marriage or received by gift or inheritance during the marriage is usually not marital property and each spouse generally keeps it, unless it has been combined with marital property or used in a way that makes it marital. Retirement contributions made during the marriage are generally divided equitably. Utah State Courts, Property Division self-help page |
| Vermont | Vermont uses equitable distribution. All property owned by either or both spouses, however and whenever acquired, is subject to the court's division, and whose name is on the title does not control. Factors include the length of the marriage, age and health, income and employability, contributions to the other's education or earning power, whether the division is in place of or in addition to maintenance, future opportunities to acquire assets, the family home for the custodial parent, the party through whom the property was acquired, each spouse's contributions (including as a homemaker), and the respective merits of the parties. An inheritance that has not yet vested is not part of the marital estate. 15 V.S.A. § 751 |
| Virginia | Virginia uses equitable distribution. The court classifies property as separate, marital, or part separate and part marital. Separate property includes property acquired before the marriage; property acquired during the marriage by inheritance or gift from someone other than the spouse; and property acquired in exchange for separate property if kept separate. Marital property includes jointly titled property and other property acquired during the marriage before the last separation, which is presumed marital unless shown to be separate. The court divides marital property and debts after considering factors such as each spouse's monetary and nonmonetary contributions to the family and to the property, the length of the marriage, age and health, the circumstances that led to the divorce (including fault grounds), how and when property was acquired, debts, tax consequences, and wasteful spending of marital property. Va. Code § 20-107.3 |
| Washington | Washington is a community property state. In a divorce, the court divides both community and separate property and debts in a way that is just and equitable, without regard to misconduct, considering the nature and extent of the community property, the nature and extent of the separate property, the length of the marriage, and each spouse's economic circumstances when the division takes effect, including the desirability of awarding the family home to the spouse with whom the children live most of the time. RCW 26.09.080 |
| West Virginia | West Virginia uses equitable distribution with a starting rule of equal division: the court divides marital property equally unless an exception in the law applies. Marital property is all property and earnings acquired by either spouse during the marriage regardless of how it is titled, plus increases in value of separate property caused by marital funds or either spouse's work. Separate property includes property acquired before marriage, by gift or inheritance, in exchange for premarital separate property, under a valid agreement, or after separation, and passive (market) growth of separate property. W. Va. Code §§ 48-7-101, 48-1-233, 48-1-237 |
| Wisconsin | Wisconsin is a marital (community) property state. The court presumes that all property is divided equally, except property a spouse received by gift from a third party, by inheritance or because of someone's death, or bought with such funds, which stays that spouse's property unless keeping it separate would create a hardship for the other spouse or the children. The court may change the equal division, without regard to marital misconduct, after considering factors such as the length of the marriage, property each brought to the marriage, contributions including homemaking and child care, age and health, contributions to the other's education or earning power, and earning capacity. Wis. Stat. § 767.61 |
| Wyoming | Wyoming uses equitable distribution. The court divides the parties' property in a way that is just and equitable, considering the respective merits of the parties, the condition each will be left in after the divorce, the party through whom the property was acquired, and burdens on the property for the benefit of either party and the children. The court may not consider or award a veteran's federal service-connected disability benefits. Wyo. Stat. § 20-2-114 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.