How your marital estate divides depends on your state. Nine community-property states split marital assets and debts 50/50; the other 41 use "equitable distribution" — a fair split that is often, but not always, equal. Pick your state to estimate the division.
The nine community-property states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin — treat almost everything earned or acquired during the marriage as jointly owned, and divide it 50/50 on divorce. The remaining 41 states and D.C. use equitable distribution: a judge divides the marital estate in a way that is fair given factors like each spouse's income and earning capacity, the length of the marriage, contributions (including as a homemaker), custody of children, and each spouse's separate wealth. Fair often lands near 50/50, but courts can and do weight it 60/40 or further.
In every state, separate property — generally what you owned before the marriage, plus gifts and inheritances kept separate — stays with its owner and is not divided, as long as it wasn't commingled with marital assets.
