Why An Even Split Of Assets Is Not Fair In Divorce

Law Blog

Some people want a 50-50 split of assets during a divorce, but such a division is rarely fair to both parties. Here are some of the reasons an even split is usually unfair.

Spouses Typically Have Different Incomes

It's possible to find a married couple with exactly the same level of incomes, but this is an exception rather than the norm. The common situation is that one earns more than their partner. This may be because the higher-earning spouse has a better job or has a better business. Whatever the course of the earning discrepancy, splitting the assets in the middle would leave one of the partners even richer and the other even poorer after the divorce.  

People Get Married With Different Assets

Apart from having different incomes, many people also come into marriage with different assets. For example, some people get married straight out of college without any significant assets while others get married after starting million-dollar businesses. Some people also get married straight out of college, yes, but they have significant assets having started businesses in college. It doesn't make sense to split all these assets 50-50 if the marriage breaks down.

People Make Different Sacrifices during Marriage

People make difference sacrifices during marriage with the knowledge that the whole family would benefit in the long run. For example, someone may sacrifice their ambition for further education so that their partner may go to school instead, or a parent may stop working so that they can stay at home and take care of the kids. In such a case, it would be unwise to split the assets right down the middle because that would make all the sacrifices vain.

People Make Different Financial Contributions during Marriage

The contributions spouses make during their marriage, specifically financial contributions, also tend to be different. For example, one person may use all their income to support the family year in year out. Others use their savings to start family businesses while others use their hard-earned money to buy their marital homes. It doesn't seem fair to divide the assets accumulated by such spouses in an even manner.

Some People Waste Resources during Marriage

Lastly, there are also those who waste family resources during the marriage. For example, some people make big and unnecessary purchases without consulting their spouses; others waste money on extra-marital affairs while others even gamble their family fortunes. In all these cases, it isn't fair to the couples to split the assets 50-50 when the marriage breaks down.

A divorce attorney can help you get the assets you deserve even if it is not an even split of your marital assets. Talk to one before commencing your divorce process.

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5 June 2018

Legal Help: Hiring a Family Attorney

Several years ago. I found myself facing a suit as the result of a traffic accident. Fortunately, a friend knew a great car accident attorney who was willing to take my case. She represented me well and the suit was eventually dismissed. That woke me up to the fact I needed an attorney to call on for other matters. Fortunately, I found a family attorney who could help with everything from creating last wills and testaments to dealing with personal injury cases. Today, I feel prepared to take on any legal issue that could come along. The trick is to choose the right attorney. Keep reading and I'll share how I made decisions that are right for me. Hopefully those same ideas will help you find legal counsel that you can depend on.