Dividing Marital Assets in Washington DC
Statutory Framework
- 16-910, D.C. Code:
- Defines marital property as all property and earnings acquired during the marriage, aiming for equitable distribution based on factors like the duration of the marriage, contributions to marital property, and each party’s financial condition.
- Case Law
- Harrison v. Harrison (1983):
- Ruled that increases in value of non-marital property during the marriage, due to marital efforts or funds, can be treated as marital property.
- Goodyear v. Goodyear (2014):
- Affirmed that marital property can be divided to address economic disparities between the parties after divorce, emphasizing equitable distribution.
- Harrison v. Harrison (1983):
- Evaluation of Different Assets
- Retirement Accounts: Divided if accrued during the marriage.
- Real Estate: Division considers financial contributions, living arrangements, and any marital improvements made to the property.
- Business Interests: Considered marital if they grew during the marriage due to joint efforts.
- Personal Property: Assessed for both sentimental and economic value, with division based on use and acquisition.
- Gifts: Treated as non-marital if explicitly intended as separate, otherwise included in marital property.
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Frequently Asked Questions
What is the statutory framework for marital asset division in Washington, D.C.?
Under D.C. Code § 16-910, marital property is defined as all property and earnings acquired during the marriage, and it is divided equitably based on factors such as the duration of the marriage, each spouse’s contributions to the property, and their respective financial conditions, aiming for a fair outcome rather than an equal split.
How does D.C. distinguish between marital and separate property?
Marital property includes assets and earnings acquired during the marriage, while separate property encompasses items like pre-marital assets, inheritances, or gifts intended for one spouse. However, gifts are treated as non-marital only if explicitly designated as separate; otherwise, they may be included in the marital estate.
How are specific assets like retirement accounts, real estate, and business interests evaluated and divided in D.C.?
Retirement accounts accrued during the marriage are divided equitably; real estate considers financial contributions, living arrangements, and marital improvements; business interests are deemed marital if they grew due to joint efforts; and personal property is assessed based on sentimental value, use, and acquisition timing, as affirmed in cases like Goodyear v. Goodyear (2014), which emphasizes addressing post-divorce economic disparities.
Are there any recent updates to D.C.'s marital asset division laws as of 2025?
As of October 2025, no major new statutes have altered the core equitable distribution framework under § 16-910. The key recent changes stem from the 2024 reforms (D.C. Law 25-115), which integrate a history of abuse as a factor in property division to promote fairer resolutions for vulnerable parties.