If you're considered the breadwinning spouse, your assets will be protected in most states, which have equitable distribution laws. Keith Beaty / Getty Divorce is never on the agenda, but it happens. Separating from your spouse is emotionally taxing and dividing your assets can add fuel to the fire, especially if one spouse is wealthier than the other.

If the breadwinning spouse happens to be you, your assets will be protected in most US states, which observe equitable distribution law.

In these 41 states, a marital estate is made up of assets acquired under each spouse's name; they're not technically considered "community property" (unless both names are on the deed or the asset is dependent children).

So upon divorce, these assets — real estate, income, cars, jewelry, furniture, stocks, and retirement accounts — are divided "fairly" at a judge's discretion, taking into account each person's earning potential or income, financial needs, contributions, and personal assets, rather than simply splitting it 50/50.

In contrast, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin (and Alaska by opt-in agreement) observe community property law, meaning a 50/50 split applies to the couple's entire marital estate. Here, everything acquired throughout the marriage is considered joint property (except assets given as a gift or inherited, or separate property owned before marriage, so long as stayed separate throughout the marriage).

So if you've been earning six figures for the entirety of your 10-year marriage and your spouse has earned significantly less, you'll more than likely be better off post-divorce if you live in an equitable distribution state where your ex-spouse isn't automatically entitled to half of the wealth you've accumulated.

It's possible that a judge in one of the 41 equitable distribution states will decide to split the assets 50/50 anyway after taking a variety of factors into account, but it's not a given. And even so, couples are generally encouraged to arrive at a settlement agreement before a judge has to weigh in. You've got a better shot at keeping more of the personal riches you've acquired in this scenario.

To protect personal assets in either case, couples can set up a prenuptial agreement, which establishes terms for a division of assets in the event of a divorce.

Check the map below to find out if the state you live in observes equitable distribution or community property law.