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Distribution Type
Equitable Distribution
Division Standard
Equitable — judge decides
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under District of Columbia law:

  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))

Statute / Authority

Citation: D.C. Code §16-910

Source: https://code.dccouncil.gov/

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Citation
D.C. Code §16-910
Source URL
https://code.dccouncil.gov/
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Reference Library

District of Columbia Property Division

D.C. Code §16-910 governs property division in the District of Columbia and covers both spouses and domestic partners. After assigning each party their separate property, the court distributes the property and debt accumulated during the marriage or domestic partnership in a manner that is equitable, just, and reasonable, weighing twelve statutory factors — the duration of the relationship; each party's age, health, occupation, income, skills, employability, assets, debts, and needs; child custody; whether the award is in lieu of or in addition to alimony; prior-relationship and child obligations; future acquisition opportunity; homemaker and other contributions; contributions to the other's education and earning ability; income changes from the relationship or homemaking; contributions to (and dissipation of) the assets and their taxability; tax effects; and the circumstances that contributed to the estrangement. Division aims for fairness rather than strict equality.

Citation: D.C. Code §16-910

Source: https://code.dccouncil.gov/

Last updated: 2026-07-23T00:37:19.639827