Divorce Settlement Estimator
Estimate how marital assets and debts may be divided in a divorce.
Returns equitable distribution for property, retirement accounts, and joint liabilities.
A divorce asset division estimator provides a starting framework for understanding how marital assets and debts might be divided. Laws vary significantly by jurisdiction — this is an educational tool, not legal advice. Always consult a licensed family law attorney.
Two main legal frameworks:
1. Community Property (9 US states: AZ, CA, ID, LA, NV, NM, TX, WA, WI): All assets and debts acquired during the marriage are presumed to be 50/50 split. Separate property (owned before marriage, gifts, inheritances) is generally excluded.
2. Equitable Distribution (remaining 41 US states): Assets are divided fairly but not necessarily equally. Courts consider length of marriage, each spouse’s income and earning capacity, contributions to the marriage, and other factors. A typical range is 45/55 to 35/65 depending on circumstances.
Formula: Net Marital Estate = Total Marital Assets − Total Marital Debts Each Spouse’s Share = Net Marital Estate × Assigned Percentage Equalizing Payment = |Spouse A Retained Assets − Spouse A’s Share|
What counts as marital property (typically):
- Income earned during marriage
- Real estate purchased during marriage
- Retirement accounts accrued during marriage (401k, pension)
- Vehicles, bank accounts, investments acquired during marriage
- Marital debts (mortgage, car loans, credit card balances from marriage)
Worked example: Marital home equity: $180,000 | Joint savings: $45,000 | Retirement (his): $90,000 | Retirement (hers): $40,000 | Vehicles: $25,000 | Credit card debt: −$12,000 | Car loan: −$18,000
Total assets = $380,000 | Total debts = $30,000 Net marital estate = $350,000
50/50 split (community property state): each receives $175,000
If she retains the home ($180,000) and her retirement ($40,000) = $220,000 (over her $175,000 share by $45,000), she would make an equalizing payment of $45,000 to him, or he receives $45,000 more of other assets.
Important: Pension and retirement divisions require a QDRO (Qualified Domestic Relations Order) — a separate legal document filed with the plan administrator.