Rutgers Law Review
The difficult issues of fairness raised by equitable distribution, complicated by the usually intense emotions and highly subjective perceptions of the parties, are generally approached through three deceptively simple questions. First, what property is subject to distribution? Second, how is it to be divided? Third, how is it to be valued? This Article will focus on the first two questions, which address the theoretical basis of equitable distribution as contrasted with the third, which focuses more on its implementation. The ways in which courts answer these questions provide a rich opportunity to examine one aspect of the process through which the laws of the state and constraints of the marketplace affect the most intimate affairs of individuals.
Burning Down the House: Toward a Theory of More Equitable Distribution, 40 Rutgers L. Rev. 1173
Available at: https://scholarlycommons.law.hofstra.edu/faculty_scholarship/544