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Equal Versus Equitable

In property division you trade assets back and forth until the couple agrees on the division. In an equitable property division state, like Florida, you split the property equitably. It does not mean equally – it means fairly.
On the other hand, the word equality suggests fairness and equity for all parties involved. Unfortunately, the required equal division of property has forced more sales of family assets, especially the family home, so that proceeds can be divided between both spouses. The net result is increased dislocation and disruption, especially in the lives of children. It is unfortunate that the needs and best interests of the children take a back seat in many cases.
A second problem of equality is that a 50-50 division of property may not produce equal results – or equal standards of living after the divorce – if the two spouses are unequally situated at the time of divorce. This is most evident in the situation of the older homemaker. After a marital life devoted to her husband and children, she is typically without substantial skills and experience in the workplace. Most likely, she will require a greater share of the property to cushion the income loss she suffers at divorce. Rarely is she in an equal economic position at divorce.

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