How is marital property divided on divorce?

How the answer differs across 10 jurisdictions

The Short Answer

In Germany, marital property is divided through the 'equalization of accrued gains' (Zugewinnausgleich): the spouse with higher net asset growth during marriage pays half the difference to the other spouse.

50%
Share of surplus gain
100% of assets
Valuation basis (net worth)
At divorce
Claim arises when
Notarized
Required for post-filing agreements
The Short Answer

In Canada, debts incurred during marriage are generally divided equally between spouses on divorce, unless it would be clearly unfair — courts consider factors like when and why the debt was incurred and who benefited.

50/50 split
Default division
2 years
Limit for claim after separation
BC, AB, SK
Provinces with family property acts
Clearly unfair
Legal test for unequal division
AustraliaFull article
The Short Answer

Property division after divorce in Australia follows a four-step process under the Family Law Act: identify assets, assess contributions, consider future needs, and make a just and equitable order.

4-step process
Legal framework
12 months
Time limit to file
No-fault
Divorce basis
Full disclosure
Mandatory duty
The Short Answer

On divorce in Ireland, matrimonial assets are divided by the court based on principles of fairness, considering factors like duration of marriage, contributions of each spouse, and needs of any dependent children.

s. 20
Relevant section
Fairness
Guiding principle
All assets
Scope includes
No fixed %
No automatic split
SingaporeFull article
The Short Answer

In Singapore, the court has broad powers under the Women's Charter to order full financial disclosure and compel your spouse to reveal hidden assets during divorce proceedings.

s. 112
Relevant section
Full disclosure
Legal duty
Court orders
Enforcement tool
Divorce only
Applicable stage
The Short Answer

Courts in England and Wales divide divorce finances fairly—not necessarily equally—by considering all circumstances, especially the welfare of any children under 18 and the parties’ needs, resources, and conduct.

Fair not equal
Division principle
Under 18
Child welfare priority
s.25 MCA 1973
Governing law
Needs first
Primary consideration
US-CaliforniaFull article
The Short Answer

In California, community property is generally divided equally (50/50) between spouses in a divorce, unless they agree otherwise or a court finds compelling reasons for an unequal division.

50/50
Default split
100%
Separate property retained
No fault
Division not based on misconduct
All assets
Includes debts & income
US-New YorkFull article
The Short Answer

New York divides marital property equitably—not necessarily equally—based on factors like length of marriage, income, and contributions to the marriage.

Equitable
Division standard
1980
Effective year
2 years
Statute of limitations for QDRO
All
Marital property includes
South KoreaFull article
The Short Answer

In South Korea, marital property is generally divided equally upon divorce, unless there is a valid prenuptial agreement or special circumstances justify an unequal split.

50/50
Default split
2 years
Statute of limitations
Article 839-2
Civil Act provision
Written form
Prenup requirement
The Short Answer

In Japan, there is no fixed statutory property division ratio; courts typically aim for an equal (50:50) split of marital assets, but may adjust based on factors like contribution, duration of marriage, and future needs.

50:50
Typical starting point
Civil Code §768
Governing provision
2 years
Statute of limitations
Marital assets
Scope of division

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.