Is it true that my spouse is entitled to half of our assets in a divorce?

by | Jun 10, 2023 | Spousal IRA | 17 comments

Is it true that my spouse is entitled to half of our assets in a divorce?




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Divorce can be a difficult process, especially when it comes to dividing assets. One common belief is that in a divorce, the wife always gets half of everything – but is this really the case?

The answer is no – the division of assets in a divorce is not a predetermined 50/50 split. In fact, not all states in the United States have laws that require equal division of property upon divorce.

In community property states, which include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin, assets are generally divided equally between spouses. This means that in these states, yes, the wife would receive half of the shared assets in a divorce.

However, in other states, assets may be divided based on equitable distribution laws. This means that the division of assets is determined based on what is fair and reasonable, rather than an automatic 50/50 split. Factors that may be considered in deciding on an equitable distribution could include the length of the marriage, the earning capacity of each spouse, and contributions made by each spouse to the household.

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In these states, it is possible that the wife may receive more or less than half of the shared assets, depending on the specific circumstances of the divorce. For example, if the wife has a higher earning capacity than the husband, she may receive a smaller portion of the assets or none at all.

It’s also important to note that property division applies only to shared assets – any assets that are solely owned by one spouse are typically not subject to division. This includes assets that were acquired before the marriage, inheritances, and gifts.

Additionally, division of assets may not be the only financial consideration in a divorce. Other factors such as alimony, child support, and custody arrangements must also be taken into account.

In conclusion, the idea that wives always get half in a divorce is a myth. The division of assets in a divorce varies by state and is based on a number of factors, including the contributions of each spouse and the length of the marriage. It’s important to consult with a lawyer and understand the laws in your state in order to make informed decisions about property division in a divorce.

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17 Comments

  1. Robert Blake

    The only men I have know who weren't taken to the cleaners in a divorce settlement:
    1. Had nothing
    2. Their assets were protected-in their family's name, e.g.

  2. corvette z06

    if i ever get my dream car and millions of dollars i ain’t ever getting married because of this its completel bull sh**

  3. Mohammad Raza

    I don't wana give a single penny.
    How to file it before marriage?
    Like in case of devorce in future… I will give nothing!
    Is thr any file? Or petition before marriage?

  4. Vitor Fernandes

    Men. Don’t believe this guy. Even if you fully paid your house before ever even meeting the woman. And even having a pre nup. She can still get half and with a good lawyer and kids involved she could even get to live in the house that you fully paid for by yourself.

    It all comes down to who gets the best lawyer. The law doesn’t matter at all. Law is easily bent every day.

  5. Patrick Capps

    I'm going to take her ass too the cleaners

  6. Patrick Capps

    My wife sold our property took all our assets borrowed money on my car left me homeless be careful women are evil we were married 25 years

  7. Ron Griffiths

    She got more then half

  8. 4Lo

    Yes I'm told we live in a patriarchy.

  9. Pete F.

    Thank you for this video. I am divorced, and luckily we never had kids, and we did not have any property to divide. She does not want alimony as well. Going forward though, I will never get married again to some evil bitch that can potentially take advantage of me. Screw marriage!!!

  10. EpicEvan102

    Hey Adam can husbands take the wife’s net worth is it like equal equal like if the men wants a divorce does then man will get half of her net worth? Also can the husband also take more then half if the men keeps the children

  11. Ar Moon

    I don’t understand these sexist rules and how they still exist in 2022

  12. jacky

    I have question will my wife property also get divided in half after marriage

  13. Ron Charity

    more than half actually, especially if there are kids. you will be bankrupt in 5-10 years

  14. Nick Graz

    That’s fuckin bullshit

  15. kikayei

    Gentlemen, DON’T EVER GET MARRIED. The court will always side with the wife, even if the divorce was her fault.

  16. Linxsgoingcrazy

    That’s bullshit. I’m soo fucked

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