What is a divorced wife entitled to? 31 Answers as of July 03, 2013

My wife wants to take half of all my assets. I really dont think this is fair, considering that I havent done anything bad in our marriage. How can I prevent this?

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The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
Again, you can reduce the damage that she can cause you by getting a good divorce attorney on your side. I can help you with this.
Answer Applies to: New Jersey
Replied: 8/26/2011
Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
The court will make a fair and equitable division of your assets and liabilities (not necessarily 50/50). Fault is not relevant.
Answer Applies to: Washington
Replied: 8/24/2011
Bagwell Holt Smith Jones & Crowson, P.A.
Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
Speak with an attorney about negotiating a favorable settlement. Sometimes claims like post-separation support, alimony, attorney's fees and others can be factored in to an unequal distribution of assets in your favor. Good luck!
Answer Applies to: North Carolina
Replied: 8/24/2011
Lewis, Pfanstiel & Williams, PCLO
Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
NE is a marital property state. All assets and debts obtained during the marriage will be divided equally.
Answer Applies to: Nebraska
Replied: 8/23/2011
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
The court considers lots of things when dividing assets.
Answer Applies to: Washington
Replied: 6/26/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Any property and debt acquired during the marriage is considered marital property subject to division between the parties regardless of who generated the asset or debt. Fault is an issue only to the extent of considering whether the party not at fault should be granted more property.
    Answer Applies to: Michigan
    Replied: 8/23/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If the assets were acquired during the marriage, they are marital assets subject to equitable distribution, which typically means 50/50. You should consult with an attorney as soon as possible.
    Answer Applies to: Florida
    Replied: 8/23/2011
    The English Law Firm
    The English Law Firm | Robert English
    California is a community property state. You don't have to do anything bad. Everything you earn or acquire during the marriage is community property and is normally divided equally.
    Answer Applies to: California
    Replied: 8/23/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you retain a divorce lawyer ASAP to discuss all your rights and options, including your right to an equitable property division. Good luck.
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Texas is a community property state. Community property assumes that all assets gained during the marriage are shared 50/50 upon divorce. So, first thing that must be done is separate out the property that is your separate property (not community) prove it is not community and set it aside. Then the balance is divisable by the court.
    Answer Applies to: Texas
    Replied: 8/23/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    In Wisconsin 50% of all assets are considered as the starting point. The law doesn't recognize why parties are getting divorced or who wants the divorce. You can discuss other fairness factors such as debts, property gifted or owned prior to marriage, etc.
    Answer Applies to: Wisconsin
    Replied: 8/23/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Your spouse is entitled to half of the marital assets as a starting point. Assuming your spouse has contributed to the marriage in some way, not necessarily as an earner, but as a homemaker or the primary caretaker of the children, the law views this as a substantial contribution to the marriage. On the other hand, if your spouse has not substantially contributed to the marriage, you may be entitled to inequitable or unequal distribution of the assets. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options. Good luck.
    Answer Applies to: Florida
    Replied: 8/23/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    As general rule in Georgia, any asset accumulated during the course of the marriage as a result of marital efforts is subject to equitable distribution, regardless of whose name the asset is listed. This includes real estate, retirement accounts, bank accounts, investment accounts, automobiles, etc. The only exception is when the asset is purchased by a spouse's separate property. There are exceptions to this rule as well, however. Even if you cannot afford to retain a lawyer, you are best served by at least having a consultation with a local divorce attorney to see how the rules apply to your particular set of circumstances.
    Answer Applies to: Georgia
    Replied: 8/23/2011
    Law Offices of Gregory L. Laurance
    Law Offices of Gregory L. Laurance | Anastasia Ganatsios
    Your wife is entitled to one half of all 'community' assets. The property acquired during the marriage with community funds belongs to both of you and should be divided equally. The property that you had before the marriage, acquired after the date of separation, or acquired by gift or inheritance during the marriage, is separate and should be assigned to you as your sole and separate property. This is a very simplistic answer and does not address the possibility of reimbursements, acquisition of a community interest in separate property assets through improvements, paydown of loans, and various other circumstances that may result in a an unequal division of assets. See a lawyer to protect your interests.
    Answer Applies to: California
    Replied: 8/23/2011
    The Law Offices of Mandy J. McKellar
    The Law Offices of Mandy J. McKellar | Mandy J. McKellar
    Need more facts but the short version is you cannot. Nevada is a community property state which means that all those assets earned or purchased during the marriage with the exception of inheritance tort claims and separate property belong to the community. This includes homes,cars,businesses and retirement accounts.Sent from my Windows Phone
    Answer Applies to: Nevada
    Replied: 8/23/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Property division is based on community property law in California. What was acquired during the marriage with earnings is the basis to establish what is owned together by the parties in the marriage.
    Answer Applies to: California
    Replied: 8/23/2011
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    Wisconsin is a community property state, the starting point is an equal division. An attorney may be able to exclude some of it.
    Answer Applies to: Wisconsin
    Replied: 8/22/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    If you are referring to assets acquired during marriage, then they are her assets also. Why wouldn't she be entitled to have of them?
    Answer Applies to: California
    Replied: 8/22/2011
    Law Offices of Bradley Hochberg | Bradley Drew Hochberg
    There are many factors which go into what the division is. If any of the assets can be deemed separate property then the other spouse is generally not entitled to that asset. Even the division of community assets and debts can be affected by other factors such as if some of those assets were paid down with separate money or were paid down after separation with earnings.
    Answer Applies to: California
    Replied: 8/22/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    The property division amount will depend on several factors.
    Answer Applies to: Massachusetts
    Replied: 7/3/2013
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    There are several factors a court must weigh when allocating assets. You need to review those factors to determine whether any of them would help you to claim a greater share.
    Answer Applies to: Connecticut
    Replied: 6/26/2013
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    You're lucky she doesn't want more than half the assets. Georgia has equitable division which means a court divides things how it sees fit. The best way to do very badly in court is represent yourself. The best way to improve the outcome is to get a lawyer. I should add that 50-50, where there is no misconduct, is rather normal, so your position is likely unrealistic.
    Answer Applies to: Georgia
    Replied: 8/22/2011
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    When you are married, both spouses are entitled to half of everything earned during the marriage that was not obtained by gift, bequest, or devise. It isn't a punishment, it is what the courts have determined is fair. If your wife sacrificed having a career to stay home to care for you and the children so that you could concentrate on your career, isn't that fair she should share what she contributed to achieve? My husband stays at home with our kids, and if we split up, I would gladly give him half of what he helped me earned. It was worth not having to worry about who was raising my children.
    Answer Applies to: California
    Replied: 8/22/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    There is no such thing as "fault" in California for a divorce. Either spouse can decide they are done with the marriage and do not have to give a specific reason. When you divorce both parties are entitled to 50% of the community property.
    Answer Applies to: California
    Replied: 8/22/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Each spouse is entitled to a "fair" share of all marital property. There are no fixed rules as to what is fair. If you and your wife cannot agree as to what is marital property and what is a fair distribution, a judge will have to decide. What is "fair" usually begins with comparing a 50/50 split, but mathematical precision is not required. Similarly, the "fairness" is judge by the overall result -a division of each separate asset is not necessary. Fault is not a relevant factor in dividing marital property so it doesn't make any difference whether you (or your wife) have done "anything bad" during the marriage. The only way you can "prevent" a fair division is to convince your wife to agree to walk away with nothing - a likely impossibility.
    Answer Applies to: Colorado
    Replied: 8/22/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You cannot. She will receive half of all assets acquired during your marriage.
    Answer Applies to: Oregon
    Replied: 8/22/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Nevada property law is non-fault based. But it only applies to property accrued during the marriage.
    Answer Applies to: Nevada
    Replied: 8/22/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    Generally speaking, assets and debts acquired during the marriage are considered community property (regardless of which spouse acquired the asset or the debt) and are therefore to be equitably divided in a divorce. This division is done without regard to marital misconduct (since it is a community property state and a no-fault divorce state).
    Answer Applies to: Arizona
    Replied: 8/22/2011
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