Typically, spouses are free to have their properties divided according to what they want, and this is usually grounded on equitable distribution. Even if there are many divorces that begin with acrimony, a great majority are handled without the need for the intervention of the court to decide. Still, if the division of property is not settled, then the court must come up with its own settlement.
In the division of marital or community property, the family laws will have changes from state to state. There are some states that follow the community property states. There are states that adhere to the equal division of the parties in default of a prenup agreement. What happens in this arrangement is that the properties are divided equally or on a 50-50 basis.
