If you have a contested divorce that is going to go to litigation, a judge is going to be the one that makes a lot of the decisions for you. However, you're likely wondering what a judge uses to make their decision about splitting marital assets since that is what a lot of your trial will be about.
Is Someone Not Able To Fully Support Themselves?
The main thing that a judge is going to consider is if one person has problems with fully supporting themselves, and would need help by having additional marital assets. This often comes into play when one parent has primary custody of the children, and their household simply needs more things due to more people living in it. This can result in a spouse getting more furniture, money, or the primary house.
The judge also considers how much money each person makes. It is possible that the judge will award a spouse with a lower salary more marital assets because it will be harder for them to buy the things that they need. The health and age of each person can also be something that is considered. Someone that is in poorer health may need help with more marital assets, so things will not be split equally down the middle.
Did Someone Commit A Wrongdoing?
A judge will also look at why the divorce is happening, with a focus on if one person committed wrongdoing. This is often the case when infidelity is the reason for a divorce, where one person was unfaithful to the other. The judge may consider an uneven split in marital assets fair because the other person should face some sort of penalty for their actions.
Another type of wrongdoing can be how a spouse discloses their assets during the divorce process. If it is revealed that one person was hiding assets because they did not want to split them, expect the judge to split those found assets unevenly as a result. Since all assets need to be disclosed to accurately divide the property, don't be surprised if a judge tries to penalize a person that is hiding things.
Was Money Spent During The Divorce Process?
Your actions during the divorce can also split how assets are split. Some people decide to be spiteful during the divorce and recklessly spend money that is considered a marital asset. This behavior can be punished later on by the judge when they decide to split property, by giving more marital assets to the spouse that had restraint and did not go wild with spending.
For more information, speak with a local divorce lawyer. Your divorce lawyer can help you navigate the divorce and the division of your assets.
Share27 April 2021
My name is Laura, and I am an attorney specializing in helping clients leave violent marriages. The law can help victims be safe, but many potential clients cannot afford legal services and may be afraid to pursue divorce. They may not be aware of services that have been created to keep them hidden from violent ex-partners and to help them be awarded assets in a divorce so they can provide for themselves and their families. I hope to raise awareness of these issues as well as help direct people in danger to facilities where they can receive guidance and financial assistance.