How does one divide assets in a divorce? 17 Answers as of August 31, 2015

If one partner makes significantly more money, do they usually get more from the divorce (if they paid for more stuff)?

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Law Offices of Lauren H. Kane | Lauren H. Kane
No. There are a number of factors that are involved in equitable distribution.
Answer Applies to: Pennsylvania
Replied: 5/12/2015
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
Not usually. My approach is that each party made equal contributions, both economically and non-economically, unless there is active proof to the contrary. Economic fault(spending marital funds on a non-marital purpose without the consent of the other party)and serious harm or threatened harm to the other spouse's well being could also effect that equation.
Answer Applies to: New York
Replied: 5/12/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
generally assets acquired during the marriage are split 50-50.. regardless of who makes more
Answer Applies to: Michigan
Replied: 5/12/2015
Goldstein and Peck. P.C.
Goldstein and Peck. P.C. | William J. Kupinse, Jr
The division of assets in a dissolution of marriage is based upon all of the circumstances and is generally accomplished by agreement of the parties or court order if agreement cannot be reached.
Answer Applies to: Connecticut
Replied: 5/12/2015
Law Office of Martin A. Kahan | Martin A. Kahan
That is a complicated question. ?Assets are usually divided equally, but there are many other factors and you should consult with a family law attorney.
Answer Applies to: California
Replied: 5/12/2015
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    No, community property is equally divided. For every dollar earned during the marriage, 50 cents belongs to each spouse.
    Answer Applies to: California
    Replied: 5/12/2015
    Diane l. Berger | Diane L. Berger
    Usually the assets are divided pretty equally. There are exceptions but that us the general rule.
    Answer Applies to: Nebraska
    Replied: 5/12/2015
    Peyton and Associates | Barbara Peyton
    You split everything acquired during the marriage equally unless acquired with inheritance or gift money.
    Answer Applies to: California
    Replied: 5/11/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    Community property values are to be divided equally, generally.
    Answer Applies to: California
    Replied: 5/11/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Not normally, all of the income which comes into a marriage during the period of the marriage is generally considered to be joint as well as any assets which may be accumulated during the marriage regardless of one party making more or less money than the other. Clearly you need counseling to understand your rights and potential obligations. At least confer with an attorney.
    Answer Applies to: Michigan
    Replied: 5/11/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    The higher earning partner does not get more. Depending on the length of the marriage and other factors, each party gets an "equitable" share. That can mean different percentages in different circumstances.
    Answer Applies to: Washington
    Replied: 5/11/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: consult an experienced matrimonial law attorney. The general rule in Wisconsin is the court presumes that the total assets of the party acquired during the marriage will be divided 50/50. But there are a dozen or so considerations that permit a court to vary from that presumption. That's what lawyers are good for in part. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/11/2015
    John Russo | John Russo
    That would be a no.
    Answer Applies to: Rhode Island
    Replied: 8/31/2015
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Not necessarily. Assets are divided "equitably" - which is not always 50-50. but which requires a full analysis of the finances of the parties.
    Answer Applies to: New York
    Replied: 5/11/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Actually it may be the opposite. Generally speaking the assets are divided 50/50, however if one spouse made significantly more than the other then the spouse who made less may be entitled to spousal maintenance and/or more of the assets to keep them living at a level they have become accustomed to. This depends on how long the marriage has lasted and what went on during it such as one parent staying at home to raise kids or supporting the other while they went through school or furthered their career.
    Answer Applies to: Arizona
    Replied: 5/11/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    That is generally not the way it works. Just because one makes more money and ?pays? for more of the marital assets does not mean they get more than the other spouse in the equitable division. You need to consult with an experienced family law attorney in person so they can advise you competently and let you know how things might work, after getting all of the relevant facts from you. An in person detailed consultation is the only way to get the information you are looking for.
    Answer Applies to: Georgia
    Replied: 5/11/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Have you considered Mediation? Mediation is Fast, Effective and Affordable. If you and your spouse agree, it can be done very quickly. Good luck.
    Answer Applies to: Florida
    Replied: 5/11/2015
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