Property division in divorce by state
Whether your state is a community property or equitable distribution state, how courts divide marital property, and whether couples can opt in to community property.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Rules have exceptions; open your state for details and the law it comes from.
| State | System | Opt-in community property |
|---|---|---|
| Alabama | Equitable distribution | No |
| Alaska | Equitable distribution | Alaska Community Property Act (AS 34.77): written agreement or trust |
| Arizona | Community property | No |
| Arkansas | Equitable distribution | No |
| California | Community property | No |
| Colorado | Equitable distribution | No |
| Connecticut | Equitable distribution | No |
| Delaware | Equitable distribution | No |
| District of Columbia | Equitable distribution | No |
| Florida | Equitable distribution | Florida Community Property Trust Act (Fla. Stat. 736.1501-736.1512) |
| Georgia | Equitable distribution | No |
| Hawaii | Equitable distribution | No |
| Idaho | Community property | No |
| Illinois | Equitable distribution | No |
| Indiana | Equitable distribution | No |
| Iowa | Equitable distribution | No |
| Kansas Under review | Equitable distribution | Kansas community property trust law (effective July 1, 2026) |
| Kentucky | Equitable distribution | Kentucky Community Property Trust Act (KRS 386.620-386.624) |
| Louisiana | Community property | No |
| Maine | Equitable distribution | No |
| Maryland | Equitable distribution | No |
| Massachusetts | Equitable distribution | No |
| Michigan | Equitable distribution | No |
| Minnesota | Equitable distribution | No |
| Mississippi | Equitable distribution | No |
| Missouri | Equitable distribution | No |
| Montana | Equitable distribution | No |
| Nebraska | Equitable distribution | No |
| Nevada | Community property | No |
| New Hampshire | Equitable distribution | No |
| New Jersey | Equitable distribution | No |
| New Mexico | Community property | No |
| New York | Equitable distribution | No |
| North Carolina | Equitable distribution | No |
| North Dakota | Equitable distribution | No |
| Ohio | Equitable distribution | No |
| Oklahoma | Equitable distribution | No |
| Oregon | Equitable distribution | No |
| Pennsylvania | Equitable distribution | No |
| Rhode Island | Equitable distribution | No |
| South Carolina | Equitable distribution | No |
| South Dakota | Equitable distribution | Special spousal trusts (SDCL ch. 55-17) |
| Tennessee | Equitable distribution | Tennessee Community Property Trust Act (Tenn. Code 35-17-101 et seq.) |
| Texas | Community property | No |
| Utah | Equitable distribution | No |
| Vermont | Equitable distribution | No |
| Virginia | Equitable distribution | No |
| Washington | Community property | No |
| West Virginia | Equitable distribution | No |
| Wisconsin | Community property | No |
| Wyoming | Equitable distribution | No |
How we checked this
The nine community property states and the opt-in trust states were compared across five 2026 legal and financial publishers. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site From a statute-cited table one detailed source Under review sources disagree; read the note and the law.