The primary goal of the property division column of the table is to list the year in which each state recognized property division as an absolute legal right, rather than a discretionary remedy. In states where a specific property division statute reversed case law holding that the court cannot divide property at all (e.g., North Carolina), determining this date is simple. In some states, however, the courts had authority to divide property before 1970, and reform occurred gradually as the appellate courts began to construe the existing statute to be more mandatory and less discretionary. In states where the shift could be attributed to a single case, that case has been cited. Where the shift was gradual, the table simply uses the word "traditional".

A secondary goal of the property division column is to note whether the state follows dual- classification equitable distribution, all-property equitable distribution, or community property.

The goal of the spousal support column of the table is to list the year in which each state held that the trial courts may award spousal support for a limited term of years. Once again, in some states we find that the courts had this authority all along, and that the reform occurred when the courts began to use that authority more often in different types of cases. Where the shift occurred in a single case most often one holding that limited-term alimony can be awarded for the purpose of rehabilitation the date of that case has been used. Otherwise, the table again uses the word "traditional".

© 1998 National Legal Research Group, Inc.