The Luck of the Draw Index

How much of the money each state leaves to the judge

Every state's marriage contract leaves some decisions to a judge, in words like equitable and just. States differ a great deal in how many, and the pattern isn't what you'd guess from a state's politics. Chapter 3 of the book describes the index. This page is the index itself.

Each state gets a score from 0 to 100. A state near 0 has a contract you can read. A state near 100 has a contract that mostly says “ask the judge.”

0–19 20–39 40–59 60–79 80–100

How the score is built

Five parts, each worth up to 20 points. More points means more is left to the judge.

1. Property. Is property divided by a rule or by the judge's sense of fairness?
2. Alimony. Is there a formula or a cap on amount and duration?
3. Fault. Can marital misconduct move money?
4. Lawyers' fees. How freely can the judge make one spouse pay the other's lawyer?
5. Second opinion. Can you remove the assigned judge without cause, or ask for a jury?

Property scores 0 where the statute requires an equal split, 5 where there is a presumption of equal division, 10 where there is that presumption but the judge can also reach property owned before the marriage, 15 where the judge divides marital property with no presumption, and 20 where the judge can also reach property owned before the marriage or inherited. Alimony scores up to 10 for the amount and 10 for the duration: 0 for a formula or a hard cap, 5 for an advisory guideline or a presumptive limit, 10 for a list of factors. Fault scores up to 10 for property and 10 for alimony. Lawyers' fees score 0 if each side pays its own, 10 if a statute or the state's highest court makes an award presumptive or mandatory to keep the spouses on even terms, and 20 for general discretion, including need-based awards the judge may or may not make. Second opinion starts at 20 and loses 10 if you can remove the assigned judge once without cause and 10 if you can have a jury decide the money.

The index scores what the statutes and each state's highest court say, not what trial judges do in practice. Equal weights for the five parts are a choice, not a finding. Arbitration by agreement is available almost everywhere and isn't scored. Scores are checked against primary sources as of September 2026; an asterisk marks a state with a part not yet checked against its source. No lawyer has reviewed them. If you find an error, the corrections page says how to report it.

Every state, from least left to the judge to most

Rank	State	Score		Property	Alimony	Fault	Lawyers' fees	Second opinion
1	Arizona	35		5	0	0	20	10
1	Illinois	35		15	0	0	10	10
3	California	40		0	15	5	10	10
3	Louisiana	40		0	10	10	0	20
5	Alaska	50		10	20	0	10	10
5	Minnesota	50		15	15	0	10	10
5	New Mexico	50		0	20	0	20	10
8	Florida	55		5	5	5	20	20
8	Indiana	55		10	15	0	20	10
8	Nevada	55		5	20	0	20	10
8	North Carolina	55		5	20	10	10	10
8	Wisconsin	55		10	15	0	20	10
13	New York	60		15	5	10	10	20
13	Oregon	60		10	20	0	20	10
15	Idaho	65		5	20	10	20	10
15	New Hampshire *	65		10	0	15	20	20
15	Texas	65		15	0	20	20	10
18	Colorado	70		15	10	5	20	20
18	Delaware	70		15	15	0	20	20
18	Hawaii	70		10	20	0	20	20
18	Maine *	70		15	15	0	20	20
18	Montana	70		20	20	0	20	10
18	Utah	70		10	10	10	20	20
18	Washington	70		20	20	0	20	10
25	Massachusetts *	75		20	0	15	20	20
25	Nebraska *	75		15	20	0	20	20
25	New Jersey *	75		15	15	5	20	20
25	Ohio *	75		5	20	10	20	20
25	West Virginia *	75		5	20	10	20	20
30	Arkansas	80		10	20	10	20	20
30	Iowa	80		20	20	0	20	20
30	Kansas	80		20	10	10	20	20
30	North Dakota	80		20	10	20	20	10
30	South Dakota	80		20	20	10	20	10
30	Vermont *	80		20	10	10	20	20
36	Georgia	85		15	20	20	20	10
36	Kentucky	85		15	20	10	20	20
36	Missouri	85		15	20	20	20	10
36	Oklahoma *	85		15	20	10	20	20
36	Pennsylvania	85		15	20	10	20	20
36	Tennessee	85		15	20	10	20	20
42	Alabama *	90		15	15	20	20	20
42	Maryland *	90		15	15	20	20	20
42	Wyoming *	90		20	20	20	20	10
45	District of Columbia *	95		15	20	20	20	20
45	Michigan *	95		15	20	20	20	20
45	Mississippi *	95		15	20	20	20	20
45	Rhode Island *	95		15	20	20	20	20
45	South Carolina *	95		15	20	20	20	20
45	Virginia	95		15	20	20	20	20
51	Connecticut	100		20	20	20	20	20

A worksheet for reading the contract together · Your state · The contracts