In family law, one of the most important matters in a divorce is how the division of property. It is usually best for the parties and their lawyers to agree on how the property will be distributed, so you don’t risk being unhappy with the decision of a judge.
Each state has adopted one of two basic systems: “common law” (sometimes called a “separate property” system) or “community property.” Even within a particular system, different states have different rules defining property as marital or non-marital and different rules for deciding how the property should be distributed.
Generally speaking, the court will look at many different factors according to your state. In general, the longer a couple has been married, the closer to equal a property division will be. In a short marriage, the court may not consider the standard of living during the marriage to be very important and would be more likely to try to put the spouses back into the position they were in before the marriage.
Because of the diversity of rules by states in determining the division of property. This is a complicated area of family law to discuss in general terms, which is why you need the advice and assistance of a family law attorney familiar with the family laws and procedures in your particular state.