Division and Divorce:
In a divorce, a court may award each spouse a percentage of the total value of the property. Each spouse will get personal property, assets, and debts whose worth adds up to an assigned percentage. It is illegal for either spouse to hide assets in order to shield them from property division, and if you do this, a court could punish you with sanctions and in some states, by awarding a percentage of the value of the hidden asset to your spouse. In California, if you intentionally and fraudulently hide an asset from your spouse during the divorce, a court could penalize you by awarding 100% of that asset to your spouse.
Note on Equitable Distribution
Another important determinate when a marriage does not end by death but by divorce is “Equitable Distribution.”
Equitable distribution is a method of dividing property at the time of divorce. All states except for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin (except for Community Property states) follow the principles of equitable distribution
Fairness or “equitable distribution” is determined by the judge in states such as New York.
Prior to the adoption of equitable distribution in New York, New York was a "common law property" state—meaning, the court distributed the property owned by either spouse in the divorce according to who held the title. If only one spouse's name appeared on the title, it was considered “separate” property and that spouse received the property.
https://www.divorcenet.com/states/nationwide/property_division_by_state
The main difference between community property and equitable distribution is that in community property states, there is an absolute 50-50 split of all property acquired during the marriage. In equitable distribution states, more assets may be considered "marital property," but the split is not necessarily 50-50. Other factors are used to determine ‘equitable distribution,” for example, one spouse may be more employable or educated than the other, which would likely result in them getting fewer assets in the split since they could more easily earn more post-divorce. Or if one spouse was abusive or committed infidelity, making them largely responsible for the split, they may also be entitled to less. Other factors include the financial obligations of each spouse, their saving and spending habits, and age.
