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.

Nevada is a community property state, which means that in the event of a divorce, the court starts with the presumption that all marital property should be divided equally between the spouses. Marital property includes most assets and debts a couple acquires during their marriage. However, separate property, which is property acquired before the marriage or received as a gift or inheritance during the marriage, is generally not divided and remains with the individual who owns it. Despite the initial presumption of a 50-50 split, Nevada courts have the discretion to distribute the community property unequally if there are compelling reasons to do so. Factors that may influence the court's decision include each spouse's financial situation, earning capacity, education, employability, contributions to the marriage, and whether misconduct such as infidelity or abuse contributed to the breakdown of the marriage. Thus, while the starting point for property division in Nevada is an equal split, the actual division may vary based on the specific circumstances of the case.