Each spouse receives one-half of the total marital estate assuming that one-half of the total is equitable. Sometimes an equal division is not equitable and in those instances, one spouse will receive more than a one-half share in the marital estate.
For more detailed information on unequal division and the factors used to determine an unequal division, check out our article Is the Division of Property Always Fifty-Fifty?.
You may still receive 50% of your husband’s marital portion of retirement with a 50/50 division of the equity in the marital home. This is because retirement assets are very different from equity in that retirement assets usually have not had taxes paid on them and you can’t access them as easily as you can an asset with equity.
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