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How has property division during dissolution changed?

The end of a marriage, even when agreed to, is a difficult time. It evokes many changes and causes the spouses to make major decisions, especially when it comes to property division and who gets what in the divorce.

This can cause the property division process to be one of the most contentious divorce issues, resulting in the most amicable divorce to take a turn toward hostile.

How has property division during dissolution changed? Previously, it was the man that brought the most valuable assets into a marriage. In fact, for many high-asset divorces, a prenup could help ensure that these assets remained with the husband. However, there has been a major shift. Women are not only getting married later in life, shifting from around 20 years of age to 28 in the past 50 years, women are more likely to be educated with a successful career at the time of marriage.

This means that in some marriages, women are the higher earners, creating concerns for them when going through the divorce process. This not only presents issues with property division but could also spark orders for support, whether it's spousal or child support. And in cases where a prenuptial or postnuptial agreement is not present, it is important to consider how property would be categorized.

Although divorce laws have become more and more gender-neutral, this does not mean that a wife or husband will not have to fight to keep certain properties. In these matters, it will be necessary to prove that a certain asset or property is not marital by showing title, use or lack of co-mingling.

Navigating divorce issues can be challenging, as they can be emotional and taxing. Nonetheless, it is possible to work through these matters, helping a divorcing couple establish a fair and agreeable divorce decree. Whether it is through negotiation or litigation, it is possible to reach a divorce decree that helps resolve the issues surrounding the property division process.

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