You can seek more than half your property, but is it fair?

You can seek more than half your property, but is it fair?

On behalf of Stange Law Firm, PC posted in Property Division on Thursday, May 28, 2020.

You and your spouse have kept most of your assets separate. During your marriage, you focused on buying the things you needed for yourself and they bought what they needed for themselves. It was rare that you’d invest in anything that was truly shared, other than furniture or appliances.

Now that you’re divorcing, you find it shocking that your spouse is trying to keep many of the assets you purchased during the marriage. You had always thought that they’d be reasonable, but all of the assets you’ve acquired after your marriage are technically marital assets that they can seek in the divorce.

What should you do?

First of all, you’re right to be concerned. If you purchase anything during your marriage, it is likely to be considered marital property. However, there could be exceptions, so if you have receipts and documentation on when you bought certain items and what those items were used for, those could help your case.

Second, remember that you have a right to the assets that your spouse purchased as well, particularly if they were purchased during your marriage or were commingled. For example, if your spouse purchased a furniture set for their office, it was technically in your home and could be something you could seek.

A good way to approach divorce is with some concept of being fair in mind. Think about what you truly need and want rather than what you can try to get. Knowing the minimum that you’ll accept helps your attorney know when to keep negotiating and when to say that you’re getting a good deal that you might not see if you allow a judge to decide on your case.

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