Equitable distribution is the method of property division in divorce used in a majority of states in the United States. There are a total of 41 states and the District of Columbia that utilize equitable distribution. This means that in the event of a divorce without a prenup, assets and debts acquired either before or during the marriage can be divided equitably between the partners, based on a series of factors that differs per state. Without a prenup, you may not have control over what that ‘equitable’ distribution looks like.

Marital Property can include assets such as income, real estate, bank accounts, and investments that are acquired before marriage, during marriage, or increased in value during the marriage.