Many couples choose to divide their joint assets during a divorce. If mediation isn't successful, the couple must state their claims to the court who will divide the assets. While this process varies by state, most states attempt an "equitable distribution," which doesn't necessitate property being divided 50/50. Some states split assets down the middle. If the courts elect to proceed with equitable distribution, your assets will be divided based on the length of the marriage and your financial need. You'll have to prove your assets to the court. Hiding assets to avoid distribution is illegal. If you can prove your spouse is guilty of this crime, the court may award you a sum equal to the amount you prove hidden.