How Can You Divorce Without Splitting Assets? (2026)

Systems for Property Division

Before learning how to avoid splitting property in divorce, you must first understand how courts divide property. Courts categorize property as marital or separate. Separate property includes the assets belonging to only one spouse. Examples of separate property include:

• Property acquired before marriage
• Property acquired during marriage using separate assets
• Inheritances during or before marriage that are given to only one spouse
• Gifts during or before marriage, including gifts from one spouse to the other

Separate property can become marital property. For example, suppose that someone brings a car to the marriage. That car is separate property. However, if the spouse pays for repairs using the couple’s joint bank account, it may become a marital asset, at least in part.

Marital property is everything else. In most states, it includes the following:

• All wages and salary earned during the marriage
• Property acquired during the marriage unless it was bought using separate assets
• All gifts given to the couple

Separate property usually goes to the spouse who owned it, although some states allow courts to change ownership of property in some situations. The court divides marital assets between the spouses in one of two ways.

The majority of states use equitable division. This means the court divides marital property fairly, even if it results in an unequal division. For example, Oregon is an equitable division state. Section 107.105 of the Oregon Revised Statutes requires the court to consider eight factors in deciding how to divide the couple’s property fairly.

A minority of states use community property. Courts in these states divide marital property equally, even if it produces an unfair result. Oregon’s neighbor to the north, California, is a community property state. Its laws require courts to divide the community estate equally upon legal separation or divorce.

Factors Courts Consider When Dividing Property

One of the questions you may have when looking for how to get a divorce is what factors the court will consider when dividing assets. There are a few, including:

• Length of the marriage
• Contributions each party made to obtain or preserve property
• Whether one party gave up work to raise children
• Each spouse’s income and earning potential
• Debts tied to assets

Additionally, child custody will be a factor. The primary carer of the children may receive a larger share of the assets. This is common when it comes to the family home.

The court may also consider the standard of living that both parties are used to. This will be an issue with spousal support, too.

The state you’re in will play a role, as well, since those with equitable distribution laws will try to divide the assets as fairly as possible. In community property states, however, assets have to be divided evenly. In Washington, for example, any property acquired during the marriage is community property.

Do You Have to Split Everything in a Divorce?

You do not need to divide your assets in a divorce. Like many legal rules, the property division statute in your state probably has exceptions. Thus, the question is not, “Can you divorce without splitting assets?” Instead, you should ask how this can be accomplished.

A lawyer might have creative solutions to avoid dividing property. The following strategies may work in your state to protect specific assets — or in some cases, all assets — from division:

Sign a Prenuptial or Postnuptial Agreement

What is a prenup? Prenuptial and postnuptial agreements are contracts between fiancés or spouses agreeing on the terms of a future divorce. State laws vary in the enforceability of these agreements.

Most divorce judges must review these agreements to ensure they are fair and clear and represent the will of the parties when they were signed. In some states, courts will refuse to enforce these agreements if the spouses did not have separate legal counsel when they negotiated and signed them.

Keep as Much Property Separate as Possible

Another strategy is to fight to classify most or all of the property as separate in divorce papers and court hearings. This option works well when the marriage is short. A marriage that lasts any length of time will usually produce at least some marital property.

File for an Annulment

You can file for annulment when the marriage was void from the start. Often, this happens when one spouse is too young or already married when the couple marries. One of the benefits of annulment vs. divorce is that there is no property division in an annulment because the marriage never existed.

Get a Settlement

You can settle your divorce case with your spouse. In some circumstances, your spouse might agree to waive all rights to the marital assets. However, in most cases, both spouses will want certain assets.

An alternative to splitting the assets is to swap them. For example, the spouses might swap interests in their family and vacation homes, leaving each spouse with a house.

Convert to Joint Ownership

The spouses can jointly own marital assets after a divorce. This is often a good solution when it comes to priceless assets, like artwork, or a going concern, like a family business. However, it usually only works if the divorce is amicable and the spouses can work together in the future.

Risks of Divorcing Without Splitting Assets

If you’re going through an uncontested divorce or you’ve chosen to work with a divorce mediation lawyer, you may not have to get a judge to rule on asset division, but this can be risky. The other person can later begin an undivided marital asset claim, leading the court to get involved.

Keeping co-ownership of a home or car might seem like a good idea, but if the controlling partner has issues with finances or can’t maintain the property, it could become a problem. You may end up with debts that you would otherwise have been free of had the assets been divided.

There is also the risk that any informal agreements you made with your ex-spouse won’t hold up in court. If they challenge the agreement, you won’t have the chance to fight for a fair share.

Contact ConsumerShield to Learn More About Property Division

Property division is often the most contentious issue after child custody. Whether you want to protect certain assets or enforce a prior agreement, a lawyer can provide objective legal advice and aggressive representation.

ConsumerShield helps spouses understand their legal rights and find a property division lawyer. Contact us for a free case review and an attorney referral.