The best states to get divorced in if you are much richer than your spouse
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If the breadwinning spouse happens to be you, your assets will be protected in most US states, which observe equitable distribution law.
In these 41 states, a marital estate is made up of assets acquired under each spouse's name; they're not technically considered "community property" (unless both names are on the deed or the asset is dependent children).
So upon divorce, these assets - real estate, income, cars, jewelry, furniture, stocks, and retirement accounts - are divided "fairly" at a judge's discretion, taking into account each person's earning potential or income, financial needs, contributions, and personal assets, rather than simply splitting it 50/50.
In contrast, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin (and Alaska by opt-in agreement) observe community property law, meaning a 50/50 split applies to the couple's entire marital estate. Here, everything acquired throughout the marriage is considered joint property (except assets given as a gift or inherited, or separate property owned before marriage, so long as stayed separate throughout the marriage).
So if you've been earning six figures for the entirety of your 10-year marriage and your spouse has earned significantly less, you'll more than likely be better off post-divorce if you live in an equitable distribution state where your ex-spouse isn't automatically entitled to half of the wealth you've accumulated.
It's possible that a judge in one of the 41 equitable distribution states will decide to split the assets 50/50 anyway after taking a variety of factors into account, but it's not a given. And even so, couples are generally encouraged to arrive at a settlement agreement before a judge has to weigh in. You've got a better shot at keeping more of the personal riches you've acquired in this scenario.
To protect personal assets in either case, couples can set up a prenuptial agreement, which establishes terms for a division of assets in the event of a divorce.
Check the map below to find out if the state you live in observes equitable distribution or community property law.
Andy Kiersz/Business Insider
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