1. “Equitable Property” Means the Property is shared Equal
This myth is quite popular amongst a lot of people who get their divorce done in court.
They always believe that they have a 50/50 possession of their marital property when the judge
rules for an equitable distribution—what they do not know is that it means the judge will
weigh the case based on certain factors called the Ruff-Fischer guidelines.
The guidelines were first setup in a 1952 case involving Ruff v. Ruff; it was later modified in
1966 in the case of Fischer v. Fischer.
The factors require the judge to consider: the earning ability of the parties, their respective
ages, their physical and health condition, the length of the marriage and conduct of the two
parties while they were still married, amongst others.
Based on the above factors, the court will strive to make an equitable division, not necessarily
sharing the property equally—sometimes, it is not a win-win for both parties.