Depending on the state you live in, marital property in a divorce is either divided equitably or equally. The states that divide property equitably (i.e. “fairly”) are called "equitable distribution states."  In those states, marital property is divided in whatever way the divorcing parties or the judge deems to be fair, which could be 50/50, 60/40, 70/30 or anything else.

In “community property” states marital property is divided equally, i.e. 50/50.

Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin are community property states. Alaska, Florida, Kentucky, South Dakota, and Tennessee have opt-in community property laws. All other states are equitable distribution states.

How debts are divided during a divorce depends on whether they were incurred before the marriage or during the marriage. It also depends on what they were incurred for.

If your debts were incurred during your marriage, and they were incurred for marital purposes, they're probably marital debts. That means that both you and your spouse may have to contribute to paying those debts after your divorce.

If your debts were incurred during your marriage but they were NOT incurred for marital purposes (e.g. they were debts your spouse incurred while have an affair, or gambling, etc.) then those debts will probably not be considered to be marital debts.

If you or your spouse incurred debt before you got married, that debt will likely be non-marital debt. (For example, student loans that you incurred before you got married are generally going to be your non-marital debt.)

Usually, you will not responsible for paying your spouse’s non-marital debts. However, like everything else in divorce, there are a lot of variables that can affect what, and how much, you may have to pay.

To figure out what debts you may be responsible for paying after your divorce, you need to consult with a good divorce attorney in your area.

Alimony (also known as maintenance or spousal support) is money that one spouse pays to another spouse (or former spouse) to support them during and after a divorce. Each state’s laws regarding alimony are different.

Some states, like Illinois, have spousal support guidelines that contain a formula that determines both the amount of maintenance that is to be paid and the length of time that maintenance is paid.

Most states, however, have no such guidelines. Instead, they have a list of factors that a court must consider when deciding whether to grant spousal support, including the length of the marriage, the age, health, and earning capacity of both spouses, the lifestyle of the spouses during the marriage, and the financial resources available to each spouse.

Alimony is no longer a tax deduction for the person who pays it. The spouse who receives alimony now gets that money tax-free.

Understanding and calculating alimony/maintenance/spousal support can be extremely complicated. To figure out whether you will have to pay (or be entitled to receive) spousal support, it's best to consult with a divorce attorney in your area.

Yes. Courts can grant temporary spousal support while your divorce is pending. However, state laws regarding the payment of temporary spousal support vary widely. Judges also vary in the way they apply the law. So whether you are ultimately awarded temporary support (or have to pay it) depends on the law in your states, the facts and circumstances of your case, and the way the judges in your area view spousal support.

A good divorce attorney in your area can help you determine whether support will likely be granted in your case, both during and after your divorce.

Child support calculations vary by state. Every state has its own guideline child support formula. Most states now base their child support formula on a shared income model. That is, BOTH parents income factors into the calculation of child support. In the past, many states based their child support formula solely on the non-custodial parent’s income. However, most states have now gone to a shared income model.

Parenting time may affect child support. Depending on the state, the amount of time that a child spends with the non-custodial parent may or may not affect the amount of child support that the non-custodial parent pays.

Child support generally ends at age 18, or when the child graduates from high school, whichever occurs last, but not later than age 19. However, in some states child support continues until age 21.

Child support typically covers room, board, clothing and transportation expenses for children. Both parents are typically also required to jointly contribute to the payment of various other expenses for the children, in addition to child support. These expenses include health insurance, uncovered medical expenses, day care costs, after-school costs, educational expenses, and extra-curricular activities.

In some states, parents in divorce and parentage cases may also have to contribute to the payment of their children’s college educational expenses. Other states don’t require that payment. It’s important to check the laws of the state you’re living in, and consult with a good divorce attorney in your area, to determine the extent of your actual obligations.

A CDFA is a Certified Divorce Financial Analyst. A CDFA is generally also a financial planner and/or a CPA as well. S/he has deep insight into finance, tax and money management.

If you or your spouse own multiple pieces of real estate, or a business, or expensive collectibles, then using a CDFA in your divorce can be tremendously valuable. The same thing is true if you or your spouse has a complex payment structure (ie you get a salary, plus bonus, plus deferred compensation, plus stock or stock options).

A CDFA can help you:

• Gather and Organize Your Important Financial Information.

• Make Realistic Financial Goals

• Understand Your Current Financial Situation.

• Brainstorm Settlement Options.

• Evaluate Your Spouse’s Settlement Proposal.

• Understand the Tax Implications of a Proposed Settlement.

• Make a Sound Post-Divorce Financial Plan for Yourself and Your Kids.

A forensic accountant is a specialized accounting professional who has BOTH accounting expertise AND investigative skills. In the context of divorce, a forensic accountant generally examines financial records to uncover hidden assets and identify whether one spouse has spent money on a non-marital pursuit (i.e. an affair.)

If you suspect that your spouse is hiding money in your divorce, hiring a forensic accountant can be very helpful. However, a forensic accountant can only work with the information you provide them with, and whatever records you can get through the court process. If your spouse is hiding both money AND financial information, you need to first find at least some financial information so that the forensic accountant will be able to “follow the money trail” that leads to the hidden assets.

Theoretically, anyone can hide money from their spouse. However, there’s generally a digital or paper trail that shows how money flowed through a marriage. Most people don’t have the opportunity or financial sophistication to hide money successfully.

People who work in cash-based businesses, or who are extremely wealthy and have off-shore assets or complex financial investments, are generally the ones who are in the best position to hide money in a divorce.