Community property states follow the principle that marital property should be divided equally in a divorce. Issues like financial need, ability to earn an income or fault for the divorce aren’t taken into account when dividing marital property.
Not all property is considered marital property. The definition of marital property may vary from state to state, but typically, marital property includes any property acquired by either spouse during the marriage. Property acquired by either spouse before the marriage is usually not labeled marital property, and some property acquired during the marriage may also be excluded.