You’re Getting Divorced, But How Do You Divide Marital Assets?


The married life isn’t always as perfect as the fairytales depict, and sometimes the healthiest way of expressing that one last notion of love to your spouse is by letting go and formally getting a divorce. However, there are cases when divorces don’t end on a peaceful note. Once finances, properties, and debt later become the subject of discussion, contested divorces often lead to even more disagreements and infighting.

Of course, while we don’t expect most households and couples to have as complicated of a situation as Bill and Melinda’s wealth, there is a severe lack of knowledge and awareness regarding the division of marital assets and properties. And so, today, we’ll be reviewing how the division of properties is decided, what you can do to streamline the entire separation process, and to give more insight into the ordeal.

Engage In Civil Discussion And Talk Through Things

Regardless of how you may feel, the emotions grasping at your heart, and the words that have yet to be said, it’s always recommended that both sides must engage in civil discussion and peacefully talk through things. Whether the decision to divorce was caused by a falling out of love, a loss of trust, or any general misunderstandings between each other, you must practice rational agency and not let negative thoughts get the best of you. Remember, it’s in the interests of both parties to decide on how marital assets are divided because dysfunction will mean the court decides for you.

  • Emotional Distress Clouds Good Judgement: We know how difficult it can be to navigate anything with emotional distress and burden clouding your good judgment. Therefore, we strongly recommend discussing with your ex-spouse on a date to talk that will provide both parties with ample time to reflect, think properly, and sort through unnecessary feelings that could get in the way. You want to talk and discuss the objective requirements of a divorce only when you’re in a good place.
  • Come To An Agreement And Identify Disagreements: At the stage of civil discussion, you want to come to as many agreements as possible while taking note of the things your ex-spouse contests and disagrees with. This will give you an overview of what she deems fair and allow you to speak your mind and say otherwise. Plus, the information gathered and learned at this stage will make it much easier for expert legal assistance to help you with your case.

Seek Proper And Sound Legal Advice

Once you’ve talked things out and heard each other’s part, the next step would be to seek proper and sound legal advice from a trustworthy and professional divorce lawyer near you. While it is possible to decide on the division of marital properties between just both spouses, it’s always good practice to ask help from an expert to avoid missing any key details, especially in contested divorces wherein disagreements run rampant. Plus, an effective attorney in family law can help lessen the load and give you time to think and reflect.

woman showing document to other woman

  • Avoid Biased Comments From Friends And Family: We don’t recommend following the advice and comments of friends and family because these so-called “words of wisdom” are often misleading due to a biased perspective. Most often, their ideas will always place you in a more favorable position, and therefore isn’t realistic. And it does you no good to cling onto false hope and misinformation.
  • List And Distinguish All Marital Properties: While states differ in their process of dividing marital assets, whether community property or equitable distribution, you must review and list all of your martial properties and provide this information to your lawyer. You want to distinguish which of these we’re obtained before, during, and after the marriage to give you a broad overview of what assets naturally remain in your belonging.

There Are No “Winners” In A Divorce

Lastly, we want to remind everyone that there are no “winners” in a divorce. Despite every effort to put the division of marital assets in your favor, the court will always find a way to ensure that a 50/50 split is provided for both parties. And apart from the financial aspect, there’s also working through emotional and mental well-being, both of which will require time to rest and recuperate. Therefore, we advise everyone to abstain from the idea that divorce is something you can profit from because it’s not.

A Life Still Waits For You

In conclusion, regardless of how smooth or bumpy the process of equitably dividing your marital assets happens, if you manage to follow the advice mentioned above, then we can guarantee that you will have nothing to worry about. So, don’t let yourself be fooled by the personal whims created by emotional distress and remain calm and objective throughout the entire process.