Divorce Settlement Calculator
Estimate how marital assets and debts may be divided in a divorce, and get a general spousal support (alimony) estimate based on income differential and length of marriage. Covers both community property states (50/50 split) and equitable distribution states (fair but not necessarily equal).
Educational estimate only — not legal advice. Actual divorce settlements depend on jurisdiction-specific laws, judicial discretion, the unique facts of your marriage, prenuptial agreements, fault, and negotiation.
Always consult a licensed family law attorney before making any decisions about your divorce. This tool is intended solely to help you understand the general framework of property division.
* = Community property state (states with asterisk divide assets 50/50)
Current home value minus mortgage balance
Checking, savings, money market
Brokerage accounts, stocks, bonds
401(k), IRA, pension — marital portion
Current market value of all vehicles
Furniture, jewelry, business interests, etc.
Credit cards, car loans, personal loans incurred during marriage (exclude mortgage — it's reflected in home equity)
Community Property State — 50/50 division of marital estate
Total Marital Assets
$415,000
Total Marital Debts
−$35,000
Net Marital Estate
$380,000
Estimated Asset Division
| Spouse 1 | Spouse 2 | |
|---|---|---|
| Share of Net Estate | 50% | 50% |
| Estimated Assets Received | $207,500 | $207,500 |
| Estimated Debts Assumed | −$17,500 | −$17,500 |
| Estimated Net to Each Spouse | $190,000 | $190,000 |
Alimony (Spousal Support) Estimate
| Paying Spouse | Spouse 1 |
| Receiving Spouse | Spouse 2 |
| Estimated Monthly Payment | $938/mo |
| Estimated Duration | 72 months (~6.0 yrs) |
| Total Estimated Alimony | $67,500 |
Important Limitations
- This calculator does not account for separate property (pre-marital assets, inheritances, gifts), which is typically excluded from division.
- Retirement account division often requires a Qualified Domestic Relations Order (QDRO) and may have different tax implications.
- The alimony estimate uses a simplified rule of thumb (~25% of income differential). Actual alimony varies significantly by state and circumstances.
- Business valuations, professional licenses, stock options, and deferred compensation require specialized valuation experts.
- Prenuptial and postnuptial agreements override state default rules.
- This tool does not constitute legal advice. Always consult a licensed family law attorney.
How to Use This Divorce Settlement Calculator
Results depend on your state's property law, asset types (marital vs. separate), and marriage length. This is an educational estimate — not a legal prediction.
- State Property Law — 9 community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI) require a 50/50 split. All other states use equitable distribution (fair, not necessarily equal).
- Marital Assets — Home equity, bank accounts, investments, retirement accounts, vehicles. Exclude pre-marital assets, inheritances, and gifts.
- Marital Debts — Joint debts from the marriage: mortgage, car loans, credit cards. Exclude pre-marital debt.
- Income — Both spouses' gross annual income. Used to estimate spousal support (alimony).
- Years Married — Longer marriages mean longer alimony. Under 5 years = short; 5–15 = moderate; 15+ = long-term.
Community Property vs. Equitable Distribution
Community Property (9 States)
AZ, CA, ID, LA, NV, NM, TX, WA, WI
- All marital assets and debts split 50/50
- Separate property (pre-marital, inherited, gifted) stays with original owner
- Courts have limited discretion to deviate
Equitable Distribution (41 States)
All other states + DC
- Split is fair, not necessarily 50/50
- Factors: marriage length, income, contributions, health, custody
- Economic misconduct (hidden assets, wasteful spending) can shift the split
- This calculator uses an income-adjusted estimate
Alimony (Spousal Support) Overview
- Not automatic — awarded based on need and ability to pay
- Factors: income gap, marriage length, standard of living, earning capacity, age/health
- Informal rule of thumb: ~20–30% of income differential for ~half the marriage length
- Varies enormously by state — consult a family law attorney for your situation
Frequently Asked Questions
Nine states use community property law (AZ, CA, ID, LA, NV, NM, TX, WA, WI), which requires an equal 50/50 split of all assets and debts from the marriage. Separate property — pre-marital assets, inheritances, gifts — is generally excluded.
The remaining 41 states use equitable distribution: property is divided fairly, not necessarily equally. Courts weigh marriage length, each spouse's income, contributions (including homemaking), age, health, custody arrangements, and economic misconduct.
Separate property belongs exclusively to one spouse and is not divided in divorce. It includes pre-marital assets, inheritances, personal gifts, and personal injury compensation (excluding lost wages and medical expenses during the marriage).
The risk is commingling — mixing separate property with marital property can convert it. Depositing an inheritance into a joint account or adding a spouse's name to a pre-marital investment account may make it divisible. Keep thorough records and maintain separate accounts to protect these assets.
Alimony has no universal formula — it varies by state and judge. Courts consider: marriage length, standard of living, each spouse's income and earning capacity, age and health, career sacrifices, and whether one spouse supported the other through education or career advancement.
A rough informal guideline used by some practitioners is 20–33% of the gross income differential for roughly half the marriage length. Post-2019 divorces: alimony is no longer tax-deductible for the payer or taxable for the recipient under the Tax Cuts and Jobs Act.
Retirement accounts accumulated during the marriage are marital property subject to division. Employer plans (401k, 403b, pension) require a Qualified Domestic Relations Order (QDRO) — a court order to the plan administrator — which avoids the 10% early withdrawal penalty.
IRAs use a 'transfer incident to divorce' under IRC Section 408(d)(6) instead of a QDRO. Only the marital portion (contributions and growth during the marriage) is divisible. Pre-marital contributions are separate property.
Three common outcomes: (1) Sell and split net equity after paying off the mortgage and selling costs. (2) Buyout — one spouse refinances in their name alone and pays the other their equity share. (3) Deferred sale — one spouse (often the custodial parent) stays temporarily until children finish school, then the home is sold.
Tax note: the primary home sale exclusion ($250K/$500K) may apply if residency requirements are met. This can be lost if the home is not sold within the qualifying window. Consult a tax professional on timing.
An uncontested divorce means both spouses agree on all issues: property, debts, alimony, and (if applicable) custody and child support. It is faster (2–6 months), less expensive ($1,000–$3,000 total), and less emotionally difficult.
A contested divorce requires court intervention on disputed issues. It involves discovery, depositions, and potentially expert witnesses. Contested divorces can take 1–3 years and cost $15,000–$100,000+ per spouse. Mediation — using a neutral third party — is often required and can resolve many contested divorces at far lower cost.
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