Domestic Violence and Property Division in Divorce

How Abuse Affects the Division of Assets and Financial Settlements

Divorce is always a complex legal process, but when domestic violence is involved, it can significantly impact how marital property is divided. While most states follow equitable distribution or community property laws, judges may consider domestic violence when deciding how to divide assets—especially if the abuse involved financial control, economic abuse, or destruction of property.

If you are a survivor of domestic violence or are navigating a divorce where abuse is a factor, understanding how family courts handle property division can help ensure you receive a fair settlement.

This guide covers:

• How courts typically divide marital property in divorce
• How domestic violence influences property division
• What financial protections are available for survivors
• Legal strategies for securing a fair settlement

Domestic violence can have long-term financial consequences, but the law provides remedies to protect victims from economic hardship and financial manipulation during divorce.

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How Courts Normally Divide Property in Divorce

In most divorces, courts divide marital property using one of two legal standards:

1. Community Property States

• Nine states (such as California, Texas, and Arizona) follow community property laws, meaning all marital assets are divided 50/50.
• Marital property includes assets acquired during the marriage, while separate property (inherited or owned before marriage) is not divided.
• Fault (including domestic violence) is usually not a factor unless it directly affects financial matters.

2. Equitable Distribution States

• The majority of states follow equitable distribution, meaning courts divide property based on fairness, not necessarily 50/50.