Non-Marital Assets Must Be Considered in Equitable Distribution

The procedure for equitable distribution is:

  • First, the chancellor should determine whether the parties’ assets are marital or non-marital.
  • Second, the marital property should be “equitably divided, employing Court-stated guidelines, in light of each party’s non-marital property.”
  • Then, if the divided assets, when considered with each party’s non-marital assets, “will adequately provide for both parties, no more need be done.” If one party has a deficit, “then alimony based on the value of non-marital assets should be considered.”

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