In deciding how to split up a couple’s property after divorce, you have the option to reach an agreement with your spouse (either on your own or through a mediator) or have the judge decide.  Note that mediation has costs involved that each spouse will have to split. 

In connection with a divorce, the couple’s property, including money, belongings, real estate, investments and debt, is either “marital property” or “non-marital property.” 

Marital property is any property or money that either spouse got during the marriage (including debt).  The following, however, would be non-marital property:

• Property owned or acquired before marriage
• Property received as a gift, or an inheritance, or left to the person in a will
• Property received by the spouse after a legal separation
• Property specifically excluded in an agreement between the spouses (for example, a pre-nuptial agreement)
• Property received by a court judgment awarded to a spouse from the other spouse
• Property received in exchange for any of the above

There are certain other types of non-marital property that are not as common.  If there is a question as to whether something is marital or non-marital property, the court will make the decision.

It is important to remember that if non-marital property is co-mingled with marital property, it may become marital property. For example, an inheritance is non-marital property. However, if a spouse uses inheritance money to help buy a home whose title will be under the name of both spouses (marital property), it will become marital property as well.

The court will divide the marital property fairly between the spouses. This does not mean that the court has to divide the property in a 50/50 split. Instead, the court will divide the property by considering different factors, including for example:

• Contributions that each spouse made to acquire, preserve or affect the value of the property 
• Contribution of either spouse as a homemaker (for example raising the children so that the other spouse could pursue his or her career)
• Length of the marriage
• Age, health, occupation and employability of each spouse
• Income or property brought to the marriage by each spouse
• Standard of living of each spouse after property is divided.

A court will generally not divide non-marital property. However, a court might still look at non-marital property when it makes decisions about other divorce issues. One example is when a court is deciding how much maintenance, or spousal support, should be paid.

Similar to property, debt is divided in a divorce. "Marital debt" means debts that a couple takes on during their marriage. Spouses are responsible for each other's expenses for the family during their marriage. Marital debt can be divided in a divorce case.

However, creditors can still come after either spouse for payment of any marital debt. An ex-spouse is not responsible for the other ex-spouse's post-divorce debts.

A person in a divorce can also petition for custody of a family pet. The judge will then decide which spouse will get custody. The judge can take into account the best interests of the pet.