Quick answer: The District of Columbia is an equitable distribution jurisdiction, not a community property one. The court assigns to each party his or her sole and separate property, including property acquired before the marriage and by gift, bequest, devise or descent, and any increase in it. It then values and distributes all other property and debt accumulated during the marriage in a manner that is equitable, just and reasonable, regardless of how title is held. The statute does not say the division must be equal.
What the D.C. statute says
- Separate property. Premarital property, gifts, bequests and inheritances, any increase in them, and property acquired in exchange are assigned to the owning party (D.C. Code 16-910(a)(1)).
- Everything else. All other property and debt accumulated during the marriage, whether titled individually, as joint tenants or as tenants by the entireties, is distributed equitably, justly and reasonably (16-910(a)(2)).
- The factors. Duration of the marriage; age, health, occupation, income, vocational skills, employability, assets, debts and needs; custody of minor children; whether the distribution is in lieu of or in addition to alimony; obligations from a prior marriage or for other children; opportunity for future acquisitions; contributions as a homemaker; contribution to the other’s education; increase or decrease in income because of the marriage or homemaking; contribution to the acquisition, preservation, appreciation, dissipation or depreciation of the assets, and whether an asset was acquired or a debt incurred after separation; taxes; and the circumstances contributing to the estrangement, including abuse.
- Agreements. The court applies these rules in the absence of a valid antenuptial or postnuptial agreement resolving all property issues.
How the calculator works
You enter the property and debts each spouse holds and, separately, each spouse’s separate property. The calculator adds up what is to be distributed, applies the share you choose and shows the equalizing payment. The statute sets no percentage, so nothing here predicts what the court will order. The reasoning is in how D.C. divides property, separate versus marital property and pensions, pets and agreements.
Property and alimony
Whether a distribution is in lieu of or in addition to alimony is one of the factors, and a party’s resources, including income from marital and nonmarital assets, are factors for alimony. See the District of Columbia alimony calculator.
Property division across the District
The statute applies in the Superior Court of the District of Columbia, Family Court, to divorce, legal separation, annulment and the termination of a domestic partnership. The court may also order a party to care for a pet animal during the case and may assign sole or joint ownership of a pet.
Frequently asked questions
Is the District of Columbia a community property state?
No. The court distributes property accumulated during the marriage in a manner that is equitable, just and reasonable. The IRS lists nine community property states, and D.C. is not among them.
Does D.C. split property 50/50 in a divorce?
Not automatically. The statute requires an equitable, just and reasonable distribution after considering the listed factors and does not require an equal split.
Is an inheritance divided in a D.C. divorce?
No. Property acquired during the marriage by gift, bequest, devise or descent, and any increase in it, is assigned to the party who received it.
Does title matter for D.C. property division?
No for property accumulated during the marriage: it is distributed regardless of whether title is held individually, as joint tenants or as tenants by the entireties.
Is abuse a factor in D.C. property division?
Yes. The circumstances that contributed to the estrangement, including a history of physical, emotional or financial abuse, are a factor.