Division of property, also known as equitable distribution, is a judicial division of property rights and obligations between spouses during
divorce. It may be done by agreement, through a property settlement, or by judicial decree.In England & Wales, the recent case of
Miller v Miller gave the wife a considerable proportion of the husband's recent gains resulting from dealings in the City (short marriage). Pagliowska v Pagliowski refers to runaway costs.Equitable distribution is not the same as equal distribution. For example, in a family with a stay-at-home mother, the father's share may be less than 50 percent as compensation to the mother for having to return to the work force at a lower wage scale.
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In a divorce, one of the ways in which property is divided. In states with equitable distribution systems, property acquired during a marriage is jointly owned by both spouses. Equitable distribution does not necessarily mean equal distribution, and ownership does not automatically split fifty-fifty. Rather, the distribution must be fair and just (equitable).
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