District of Columbia Divorce Property Division

What the Law Says

District of Columbia courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50.

The District of Columbia values and distributes all property and debt accumulated during the marriage or domestic partnership in a manner that is equitable, just, and reasonable under D.C. Code §16-910, weighing twelve enumerated factors (§16-910(b)(1)-(12)). Separate property — acquired before the marriage or domestic partnership, or by gift, bequest, devise, or descent, together with any increase in or property exchanged for it — is assigned to its owner (§16-910(a)). When the court orders distribution of future periodic payments from a pension or annuity, it need not assign the plan a present value (§16-910(c)). There is no presumption of equal division.

Division Factors (D.C. Code §16-910)

What District of Columbia courts weigh:

1. Duration of the marriage or domestic partnership (D.C. Code §16-910(b)(1))
2. Age, health, occupation, amount and sources of income, vocational skills, employability, assets, debts, and needs of each of the parties (§16-910(b)(2))
3. Provisions for the custody of minor children (§16-910(b)(3))
4. Whether the distribution is in lieu of or in addition to alimony (§16-910(b)(4))
5. Each party's obligation from a prior marriage, a prior domestic partnership, or for other children (§16-910(b)(5))
6. Opportunity of each party for future acquisition of assets and income (§16-910(b)(6))
7. Each party's contribution as a homemaker or otherwise to the family unit (§16-910(b)(7))
8. Each party's contribution to the education of the other party which enhanced the other party's earning ability (§16-910(b)(8))
9. Each party's increase or decrease in income as a result of the marriage, the domestic partnership, or duties of homemaking and child care (§16-910(b)(9))
10. Each party's contribution to the acquisition, preservation, appreciation, dissipation, or depreciation in value of the assets subject to distribution, the taxability of those assets, and whether the asset was acquired or the debt incurred after separation (§16-910(b)(10))
11. Effects of taxation on the value of the assets subject to distribution (§16-910(b)(11))
12. Circumstances which contributed to the estrangement of the parties (§16-910(b)(12))

Common Questions