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:

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

2. Equitable Distribution States