<P> Most community property states start with the presumption that community assets will be divided equally, whereas "equitable distribution" states presume fairness may dictate more or less than half of the assets will be awarded to one spouse or the other . Commonly, assets acquired before marriage are considered individual, and assets acquired after, marital . Depending on the state, an equitable or equal division of assets is then sought . </P> <P> In some states, educational degrees earned during the marriage may be considered marital property . In such states, a resolution of the divorce will often entail payment from the educated spouse to the other spouse a share of their expected future earnings that are due to a degree they earned during the marriage, and may require the expertise of labor economists or other statistical and financial experts . </P> <P> Alimony, also known as' maintenance' or' spousal support' is still being granted in many cases, especially in longer term marriages . Alimony is more likely in cases where a spouse has remedial needs that must be met in order for the spouse to become fully employable, for example that one spouse gave up career opportunities or development in order to devote themselves to the family . </P> <P> In cases involving children, governments have a pressing interest in ensuring that disputes between parents do not spill over into the family courts . All states now require parents to file a parenting plan, or to decide on custody and visitation either by reaching a written agreement or in a court hearing, when they legally separate or divorce . </P>

Percent of marriages that end in divorce in america