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The best states to get divorced if your spouse is loaded

Even if your ex-spouse was the breadwinner during your marriage, you're still entitled to exactly half of your assets in nine US states.

  • Separating finances in a divorce can be messy.
  • In 9 US states, everything acquired throughout the marriage from real estate to income is considered joint property.
  • Residents in these states are entitled to a 50/50 split of all assets during a divorce.

Divorce is an ending no couple wants to arrive at, but the reality is many do and the tall task of dividing your assets varies from state to state.

If your partner is the breadwinner, you'll be better off post-divorce in states that observe community property law, where a 50/50 split applies to your marital estate.

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin (and Alaska by opt-in agreement) are community property states.

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Here, everything acquired throughout the marriage is considered joint property (except assets given as a gift or inherited, or separate property owned before marriage, so long as it stayed separate throughout the marriage), so when a couple separates, each spouse is entitled to exactly half of the assets. That includes real estate, income, cars, furniture, stocks, and retirement accounts.

In contrast, in the other US 41 states, a marital estate is made up of assets acquired under each spouse's name; they're not technically considered joint or community property unless both names are on the deed. Upon divorce, the assets are divided "fairly" at a judge's discretion, taking into account each person's earning potential or income, financial needs, contributions, and personal assets, rather than simply splitting it 50/50.

To protect personal assets in either case, couples can set up a prenuptial agreement, which establishes terms for a division of assets in the event of a divorce.

Check the map below to find out if the state you live in observes equitable distribution or community property law.

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