Divorce Settlement Calculator
The divorce settlement agreement — formally the marital settlement agreement, or MSA — is the document that turns these numbers into a binding deal: estimate divorce settlement value — community property vs equitable distribution, asset division, typical costs $1,500-$25,000+, TCJA tax treatment post-2018
How much alimony will I get / pay? 20-40% of the income gap is typical rule of thumb. Formulas vary by state: AAML benchmark = 30% payor income − 20% recipient income.
⚖ 9 Community Property States (automatic 50/50). 41 Equitable Distribution (fair but not equal). Typical contested divorce: $11K-$25K+ attorney fees per side.
Your Case Details
Answer a few questions to see your estimated range.
Approximate gap between higher-earner and lower-earner.
Estimated Monthly Support
$840 — $1,560
State formulas vary significantly. This estimate uses national averages — your state's guidelines may produce a different number.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor · Last updated
Divorce Settlement — How Assets Are Divided
Divorce asset division in the US follows one of two frameworks. Community Property (9 states): California, Texas, Arizona, Nevada, New Mexico, Washington, Idaho, Louisiana, Wisconsin — assets acquired during marriage split 50/50 by default. Equitable Distribution (41 states): courts divide marital property 'fairly' based on factors — outcomes range from 60/40 to 70/30 depending on length of marriage, contributions, and earning capacity.
Marital property (divisible) = anything earned or acquired DURING the marriage — income, home, retirement accounts, investments, business interests. Title doesn't matter. Separate property (NOT divisible) = assets owned before marriage, gifts/inheritances received by one spouse alone, property protected by valid prenuptial/postnuptial agreement. Commingling separate + marital assets (depositing inheritance into joint account) can convert separate to marital.
Costs: uncontested divorce: $1,500-$3,000 total (with basic legal help), $200 filing fee alone if pro se. Contested: $11,000-$25,000+ per side; trials on 2+ issues average $23,300. Attorney rates: $260-$450/hr national average ($100-$500 range). Timeline: uncontested 3-6 months; contested 12-24 months. Tax treatment (post-TCJA, permanent): alimony NOT deductible for payer + NOT taxable for recipient for agreements after 12/31/2018 (federal).
Divorce Settlement FAQs
Does it matter whose name is on the house title?
In MOST states — no. If the home was acquired during the marriage, it's marital property regardless of whose name is on the deed. Community property states: automatic 50/50. Equitable distribution: court divides 'fairly' based on contributions. Separate property exceptions: home purchased before marriage (but mortgage paid during marriage may convert portion to marital via commingling). Consult a divorce attorney to analyze your specific title situation.
How much alimony will I get / pay?
20-40% of the income gap is typical rule of thumb. Formulas vary by state: AAML benchmark = 30% payor income − 20% recipient income. MA formula: ≤35% of difference for duration tied to marriage length (15 years marriage = 70% of 15 years = ~10.5 years alimony). CA uses 13 factors under Family Code §4320 — no fixed formula. TX caps at $5K/month OR 20% of income, marriages 10+ years. Post-TCJA (2019+): not deductible/not taxable federal.
What's the difference between community property and equitable distribution?
Community Property (9 states: CA, TX, AZ, NV, NM, WA, ID, LA, WI): assets earned DURING marriage split 50/50 by default. Simple, predictable. Equitable Distribution (41 states): courts divide 'fairly' based on factors — length of marriage, contributions, earning capacity. Outcomes range 50/50 to 80/20. More discretionary but also more flexibility for circumstances. In both systems: separate property (pre-marriage, gifts, inheritances) retained by original owner.
How much does a divorce cost in 2026?
Uncontested: $1,500-$3,000 total (basic legal help) or $200 filing fee alone if pro se. Contested: $11,000-$25,000+ per side. Trial cases: $23,300+ average on multiple issues. Attorney rates: $260-$450/hr national ($100-$500 range). Retainer: $3,000-$7,500 upfront. High-asset + complex cases: $100K-$1M+. Online divorce platforms (Hello Divorce, Splitifi): $500-$1,500 for uncontested cases.
Are retirement accounts and pensions divisible in divorce?
Yes — portions earned during marriage. Requires Qualified Domestic Relations Order (QDRO) for ERISA-governed plans (most 401(k)s, pensions). QDRO specifies the non-employee spouse's share, tax-free transfer at divorce. IRAs: transferred without QDRO via IRA-to-IRA rollover. Defined benefit pensions: valued as present value OR divided by coverture fraction (marriage years ÷ service years). Forensic accountant / pension evaluator recommended for complex plans.
How do courts divide a family business in divorce?
Family businesses are among the most complex divorce assets. Options: (1) one spouse buys out the other (valuation via business appraiser, typically $5K-$25K), (2) sell the business + split proceeds, (3) continue co-ownership post-divorce (rare, usually difficult). Valuation methods: asset-based (tangible + goodwill), income-based (capitalization of earnings), market-based (comparable sales). Pre-marriage business growth during marriage may create partial marital interest. Essential: forensic valuation expert.
What happens if my spouse hid assets?
Serious misconduct — courts sanction heavily. Forensic accountants track hidden accounts, offshore transfers, undeclared income, cryptocurrency, fake loans to 'friends'. Discovery tools: depositions under oath, subpoenas to banks, tax return subpoenas, lifestyle audits. If hidden assets discovered post-divorce: can reopen judgment via fraud claim (typically 1-year deadline from discovery). Severe cases: judge awards 100% of hidden assets to honest spouse + attorney fees.
Can I change my divorce settlement after it's final?
Asset division: generally NO — final upon judgment. Reopening requires fraud, mutual mistake, duress, or newly discovered evidence (typically 1-year deadline). Alimony + child support: YES — modifiable upon 'substantial change in circumstances' (15-20% income change, job loss, disability, remarriage). Custody + visitation: YES — modifiable on 'best interest' standard for children. QDROs can be amended if initial errors.