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Is Property Division Always 50-50 in a Divorce?

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March 16, 2018

In an Oklahoma divorce, property division is not always 50-50. How property gets divided is subject to numerous rules, so it can get complicated. The starting point is figuring out what property is marital, and what is not marital. It is up to the spouse who wants to claim something is non-marital to prove it.

A frequent example of non-marital property is retirement benefits that accrued before the marriage. Property that is marital is presumptively divided 50-50, such as joint bank accounts, cars purchased during the marriage, and the house.

There are exceptions. If one spouse needs support but the other cannot pay it, the needy spouse might get more property to compensate. Please consult with an attorney such as Christopher Eggert at Eggert Law Firm before taking action.

A division of assets attorney in Oklahoma can help make sure the split is actually fair.

For more background, see our post on how assets are divided in an Oklahoma divorce.

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