It’s not uncommon for divorces to come with a side of vengeance. Some try to take everything their ex had known and loved out of spite. Others may relent to their ex’s demands, letting them take what they want to get the proceedings over with.
But allowing these “winner takes all” type of divorces to happen is a huge mistake. Here are a few reasons why.
It's the law
California property division law mandates that all property or income acquired during a marriage or domestic partnership is divided equitably. That means these assets, also known as “community property,” should be split depending on the income of each person.
A spouse who makes more income is presumed to be entitled to more ownership of the assets. However, legally, neither person should be entitled to all of the shared assets—even if one spouse is out of work.
This is because the assets were still shared between the two and a spouse that does not work is presumed to still contribute to the household in other ways.
A bad deal could come back to bite you
Because community property should be split in a fair way by law, a bad deal isn’t likely to last. Whichever person was wronged can (and likely will) dispute the judgment in the future, which will inevitably cost you both more time and money.
You’ll speed up proceedings
Seeking and unfair settlement in the first place will already cost you way more time and money than is necessary. In fact, most Americans spend at least $20,000 to get divorced.
Keeping the fighting to a minimum will help speed up your proceedings, which will result in fewer court and attorney fees. Also, if you have kids, a more amicable split will cause less distress to them and make co-parenting easier.
Understand what’s fair
Knowing what is fair can be extremely difficult—especially if you and your ex shared many assets. To learn more about who should keep the car and how to make other big property division decisions, consult with a skilled attorney for help.
A Family Law attorney with years of experience in property division can guide you through the way these splits typically go and ensure you get your fair share.