Equitable Distribution and Gender Justice:Analyzing Women's share in Marital Property Regimes

Abstract

This article critically examines the principle of equitable distribution in marital asset division, with a particular focus on the recognition and valuation of women’s contributions, both financial and non-financial, within marriage. It interrogates the extent to which legal systems acknowledge the multifaceted roles women play in sustaining marital partnerships, including income generation, domestic labor, caregiving, and emotional support. Drawing on feminist legal theory and intersectional analysis, the study explores how statutory frameworks, judicial discretion, and cultural norms across jurisdictions, including Nigeria, South Africa, the United Kingdom, and the United States, shape the outcomes of asset division upon divorce. It highlights the systemic undervaluation of domestic labour, caregiving, and emotional support, and identifies key barriers to equitable distribution, such as legal ambiguity, patriarchal traditions, financial illiteracy, and asset concealment. In many cases, these plural legal systems reinforce gender hierarchies and fail to provide adequate remedies for women whose contributions are not easily quantifiable in monetary terms. The analysis underscores the need for a more inclusive and context-sensitive approach to marital property division, one that accounts for the lived realities of spouses and the socio-economic dynamics that shape marital relationships. Through an extensive review of case law and empirical data, the article reveals that existing legal regimes often fail to deliver substantive equality for women, particularly in contexts where customary and religious laws dominate. The article argues for a transformative approach to marital property reform, advocating for statutory clarity, judicial training, expanded legal aid, public education, and institutional safeguards against financial manipulation. By integrating legal analysis with socio-economic inquiry, the article contributes to the discourse on gender justice in family law and calls for reforms that recognize and reward all forms of marital contribution. The pursuit of equitable distribution, it concludes, must be grounded in both legal principle and lived reality to ensure fairness, dignity, and equality for all spouses.