District of Columbia Property Division: Equitable Distribution

By the FigureMyTax Editorial Team · How we calculate

The District assigns each party’s separate property and distributes all other property and debt accumulated during the marriage in a manner that is equitable, just and reasonable after weighing twelve factors, without any equal-division rule.

Equitable distribution, not community property

The IRS describes the nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. The District is not one of them. Under D.C. Code 16-910(a), after assigning each party’s separate property, the court values and distributes all other property and debt accumulated during the marriage in a manner that is equitable, just and reasonable, after considering all relevant factors.

No equal-division rule

The statute does not say the division must be equal. Equal division is common in practice, but the statute asks what is equitable, just and reasonable, so the court can divide unequally when the factors support it.

The twelve factors

The court considers the duration of the marriage; each party’s age, health, occupation, income, vocational skills, employability, assets, debts and needs; provisions for custody of minor children; whether the distribution is in lieu of or in addition to alimony; each party’s obligation from a prior marriage or for other children; the opportunity for future acquisition of assets and income; each party’s contribution as a homemaker or otherwise to the family unit; each party’s contribution to the other’s education; each party’s increase or decrease in income as a result of the marriage or duties of homemaking and child care; each party’s contribution to the acquisition, preservation, appreciation, dissipation or depreciation of the assets, the taxability of the assets and whether the asset was acquired or the debt incurred after separation; the effects of taxation on the value of the assets; and the circumstances that contributed to the estrangement, including a history of abuse.

Dissipation and post-separation changes

One factor looks at contributions to the acquisition, preservation, appreciation, dissipation or depreciation of the assets, and at whether an asset was acquired or a debt incurred after separation. Records of large transfers and expenses help show what happened.

Antenuptial and postnuptial agreements

The court applies these rules only in the absence of a valid antenuptial or postnuptial agreement resolving all issues related to the property of the parties, and does not redistribute property addressed in a valid agreement or decree of legal separation.

Documents to gather

Deeds, titles, account and retirement statements, loan balances, tax returns and business records with dates acquired. Evidence of contributions such as homemaking or support of the other’s education supports the factors.

Test a split

The District of Columbia property division calculator starts at an equal share and lets you test other shares and the equalizing payment each one implies.

Frequently asked questions

Official sources

• D.C. Code 16-910: assignment and equitable distribution of property
• IRS Publication 555: community property states

This is general information, not legal advice. It is based on the cited District of Columbia statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed District of Columbia attorney.