Equitable distribution is the legal principle most states use to divide marital property in a divorce. In so-called equitable distribution or common law property states the court attempts to divide the spouses’ assets equitably (fairly) and may consider the value of a spouse’s separate property in making an unequal division of the spouses marital property.

In deciding what is an equitable distribution of the spouses’ property, the court may consider factors such as the relative education, employability, earning capacities, and separate property assets (acquired before marriage) of the spouses, and whether one spouse’s infidelity or abusive behavior, for example, was a greater factor in the breakup of the marriage.

In contrast, if the spouses live in a community property state the court generally begins with the presumption that the spouses’ marital or community property will be divided equally.

But in practice, the difference between the division of assets in community property states and in equitable distribution states is sometimes not as great as it may seem, as the court in a community property state may have the discretion to divide the spouses’ community property on a 60-40, 70-30, or other unequal basis—and to order one of the spouses to pay all or most of the community debts—based on factors such as the relative education, employability, earning capacities, and separate property assets (acquired before marriage) of the spouses, and whether one spouse’s infidelity or abusive behavior was a greater factor in the breakup of the marriage.

Community property states generally include Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Kansas is not a community property state; it follows the principle of equitable distribution when dividing marital property in a divorce. Under this system, the court divides assets fairly, but not necessarily equally, based on a variety of factors. These factors can include each spouse's education, employability, earning capacities, and separate property assets that were acquired before the marriage. Additionally, the court may consider the conduct of the spouses, such as infidelity or abusive behavior, when determining how to distribute property. The goal is to reach a division that is just and reasonable for both parties. It's important to note that while equitable distribution aims for fairness, it does not guarantee an equal split of assets. Each case is evaluated on its own merits, and the division of property is based on the unique circumstances of the divorcing couple.