However, as we explain below, the distinction between these two methods isn't always that clear in the context of divorce.
The vast majority of states use the rule of equitable distribution. In a nutshell, the judge will divide all of the couple's marital property (and allocate their marital debts) based on the judge's decision as to what is fair to both spouses under the particular facts of each case.
Because of this case-by-case approach, it's important to note that "equitable" doesn't necessarily mean equal (50-50) split. Each state has its own guidelines for judges to follow when deciding how to distribute property equitably. There are nine community property states in the U.S.: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, each spouse owns half of the income the other spouse earned during the marriage, and debts that either spouse incurred during the marriage are generally considered joint debts.
In a few other states, you may opt in to a community property system or designate certain assets as community property.

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