Some states are community property states, meaning that property acquired during the marriage is shared equally upon divorce. Most states, however, have some form of equitable distribution, meaning that marital property is divided according to what the court thinks is fair. Conceivably, the court has the authority to give all of the property to the other spouse. But it needs to be equitable.
Part of the divorce process is dividing the many assets and debts the husband and wife accumulated during their marriage through a method called equitable distribution of marital property. Perhaps the most complex type of property to be valued and divided is a marital business.