There are three ways to decide how property is split up:
Did you and your spouse sign a contract before you were married? This contract is called a "pre-nuptial" and it decides who gets what. Sometimes the contracts are no good. You may need to see a lawyer if you think this is the case;
You and your spouse decide for yourselves;
If you can't agree, a judge will decide. The judge will divide your stuff on what he or she thinks is fair. It does NOT mean that you and your spouse will get equal shares.
How do I know what I can keep?
Keep in mind that when you are getting divorced, all your property will be checked to see who should get it. This includes your:
home, car, and furniture;
any business you own;
paychecks;
pensions and invested money;
anything else you own.
In a divorce, there are two types of property:
Community property is:
anything you and your spouse bought while you were married;
money you earned during the marriage;
anything you owned before the marriage but let your spouse use.
Separate property is:
anything you owned before the marriage that your spouse did not use.
You will likely get to keep this stuff.
Will I get alimony?
Very few people get alimony. If you work or are able to work, you probably won't get it.
Last Reviewed On: 09/26/05
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