Assumption: "50/50 is the automatic starting point for dividing assets, regardless of circumstances."

Court Reality

The law's starting point is equal division of matrimonial assets, but it is only a starting point. The court's first consideration is the welfare of any children, and the overarching goal is fairness. Where one parent has the children living with them, where there is a big income or savings gap, or where the marriage was long, the division often shifts from 50/50 to meet needs. Equal division is not a rule; it is a benchmark that moves with the facts.