Can My Spouse be Entitled to My Assets During The Divorce?

Charlotte Miller

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Can My Spouse be Entitled to My Assets During The Divorce

When a married couple decides to divorce, one of the most conflicting and time-consuming problems is the division of assets. Whether you are a spouse with several assets or fewer assets, it is crucial for you to understand the rights and entitlements that you have in accordance with the divorce.

In different states, some laws and jurisdictions govern the division of assets. These laws define how the assets would be equally divided amongst the married couple during a divorce. Several other factors may contribute to the division of assets as well. If you are going through a divorce and have questions regarding your rights and entitlements, you should consult a Milwaukee divorce attorney. An attorney can guide you from the beginning and ensure your spouse does not exploit or take away your rights. 

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Few points to consider regarding the division of assets during divorce.

  • The law of the state in which divorce is taking place: 

The law defining the division of assets during a divorce varies from state to state. You need to understand the laws and the state’s regulations so that they may not affect the outcome of the division. 

  1. The tenure of the marriage

This is yet another consideration contributing to the division of assets during a divorce. In some states, the longer the time period of the marriage, the more likely it is that the asset would be divided equally amongst the couple. On the contrary, the shorter the marriage, the lower chances of the asset being benign split equally.

  • The contribution of each spouse: 

The active involvement of each spouse is considered both financially and non-financially. This is a passive approach to finding out which spouse was more involved in the marriage and which one was not. This includes the division of joint bank accounts, fixed deposits, Demat accounts, property holding, etc.

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  1. Earning potential of each spouse: 

This is yet another consideration regarding the division of assets during divorce. Based on the earning potential of each spouse, the laws decide how much each spouse would get upon asset division, especially when one spouse is capable of earning more than the other.

Speak to a professional!

Suppose it is important to understand the jurisdiction’s laws regarding the division of assets. Several other personal factors may be considered as well during the division. So we highly suggest individuals take advice from an experienced divorce attorney that can provide them with effective ways of dividing their assets.