In divorce cases, the division of marital property is almost always contested.  Even in cases where the parties desire to reach an agreement, disputes arise on the manner to accomplish the agreement.  Unless the parties are able to agree on a fair division of marital assets and debts, the decision will be made by the Court.
 
There are a large number of factors that must be considered in determining how to divide property.  The first issue is determining what constitutes marital property and debt, as not everything is subject to division.  Sometimes, property may have been non-marital, but due to the actions of the parties, it became marital property, and therefore subject to division.

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Once the marital estate has been determined, the Court must then equitably divide the property.  Significantly, the Court tries to find a way to “fairly” divide property, but that does not necessarily mean an “equal” division.  By statute, the Court has a list of factors that must be considered, some of which include:

• Duration of the marriage
• Health of the parties
• Education and earning ability of the parties
• Misconduct by either of the parties
• Contributions made by the parties to acquiring and preserving property
• Special needs of the parties
• Marital and non-marital property and debts of either or both parties
• Other factors the court finds relevant