Divorce Settlement Calculator

Estimate how marital assets and debts will be divided in a divorce. Compare community property vs equitable distribution rules, calculate retirement account splits, real estate equity division, and net settlement for each spouse.

Spouse 1 Name

Spouse 2 Name

State Property Type

All other states use equitable distribution. The court considers marriage duration, earning capacity, contributions, and other factors. This calculator estimates the split based on marriage length.

Marriage Duration (years)

Total Marital Assets ($)

Bank accounts, investments, vehicles, personal property

Total Marital Debts ($)

Mortgages, car loans, credit cards, student loans

Spouse 1 Separate Assets ($)

Pre-marital assets, inheritances, gifts

Spouse 2 Separate Assets ($)

Pre-marital assets, inheritances, gifts

Retirement Accounts ($)

401(k), IRA, pension, Roth IRA (marital portion)

Real Estate Equity ($)

Home value minus remaining mortgage balance

Enter your marital assets and debts above to estimate how property might be divided in a divorce settlement. Select your state property type and marriage duration for a more accurate estimate.

How Property Division Works

Community Property States

In community property states, all assets and debts acquired during marriage are split 50/50 between spouses. Property owned before marriage or received as gifts or inheritance is generally considered separate property.

Equitable Distribution States

In equitable distribution states, the court divides property fairly but not necessarily equally. Factors include marriage length, each spouse's earning capacity, contributions to the marriage, age, health, and custody arrangements.

Separate vs. Marital Property

Separate property includes assets owned before marriage, inheritances, and gifts received individually. Marital property includes everything acquired during the marriage regardless of whose name is on the title. Commingled assets may be treated as marital property.

QDRO (Qualified Domestic Relations Order)

A QDRO is a legal order required to divide retirement plans like 401(k)s and pensions. Without a QDRO, early withdrawal penalties and taxes may apply. The cost and time to prepare a QDRO varies by plan type and complexity.

Important Disclaimer

This calculator provides estimates only and does not constitute legal advice. Actual divorce settlements depend on numerous factors that cannot be captured in a simple calculator, including state-specific laws, judicial discretion, prenuptial agreements, custody arrangements, spousal support, and tax implications.

The equitable distribution split ratios used here are simplified estimates based on marriage duration. Real courts consider many additional factors including each spouse's income, health, age, and future earning potential.

Always consult with a qualified family law attorney in your jurisdiction for advice specific to your situation. Property division laws vary significantly between states and individual circumstances.

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How to Use Divorce Settlement Calculator

1Enter total marital assets and debts.
2Add retirement accounts and real estate equity.
3Select your state's property division type.
4Review the estimated division for each spouse.

Frequently Asked Questions

What is the difference between community property and equitable distribution?▾

In community property states (9 states including CA, TX, AZ), marital assets are split 50/50. In equitable distribution states (41 states), assets are divided fairly but not necessarily equally, considering factors like earning capacity, marriage length, and contributions.

Are retirement accounts split in divorce?▾

Yes, retirement accounts (401k, IRA, pensions) accumulated during marriage are generally considered marital property. A QDRO (Qualified Domestic Relations Order) is needed to divide employer-sponsored plans without tax penalties.

What counts as marital vs separate property?▾

Marital property includes assets acquired during the marriage. Separate property includes assets owned before marriage, inheritances, and gifts to one spouse. However, commingling separate property can make it marital.

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About Divorce Settlement Calculator

NexTool's Divorce Settlement Calculator is completely free to use with no sign-up required. Your data is processed directly in your browser and never sent to our servers, ensuring complete privacy and instant results.