The legal concept of equitable distribution infers fairness when divorcing couples split their assets. An equitable 50/50 split could be possible when Mississippi divorce proceedings conclude. However, everyone getting half might not be the outcome in all divorces. The judge looks at many factors when dividing assets.
Examining how equitable distribution works
A judge doesn’t always decide how to divide property, as many divorces end amicably with a settlement agreement. However, not every couple reaches an accord, and some divorces prove bitter. Therefore, the judge decides how to allocate assets. The judge will review several factors when deciding, including the financial situation and skillsets of the parties. For example, a judge might not bestow ownership in a business to someone incapable of running it.
Ultimately, each situation is different. A judge could look at a family home and order the sale, along with a 50/50 division of the proceeds. Or, the judge could give the home to a custodial parent to avoid unsettling a child’s life and routine.
Reviewing different aspects of the case
One spouse’s behavior might be so egregious that the divorce judgment leaves the other spouse with a higher percentage of assets. Sometimes, neither spouse did anything wrong, but the one spouse’s diminished earning potential moves the court to award spousal support and a decent financial settlement.
Expect the court to require proof of any claims of troubling behavior. The court would surely expect to see clear financial records when making decisions, as well.
Perhaps it would be in the two parties’ best interests to arrive at a settlement agreement. If not, the spouses could seek a court judgment and take their chances.
