In family law, what is the fundamental principle guiding the division of property?

The principle of fairness based on contribution and title serves as the cornerstone for the division of property in family law. This approach recognizes the contributions made by each party to the marriage or relationship, whether financial, domestic, or otherwise, and seeks to provide a just outcome that reflects these contributions.

When assessing property division, courts often consider various factors, including the economic and non-economic contributions of each party. Contributions can include income earned, homemaking efforts, childcare, and other support roles within the family unit. Title refers to the legal ownership of property, and this may also be significant in determining how assets are split. The goal is to achieve an equitable distribution rather than a purely equal one, which considers the realities of each party's efforts and investments during the relationship.

While equal distribution regardless of agreement, emotional investment, or parental status can be elements that come into play in family law, they do not capture the comprehensive approach needed to fairly divide property. Instead, fairness based on actual contributions and legal ownership emphasizes the need for an equitable resolution that honors both parties’ investments in the relationship.