Divorce Assets

Divorce assets include all jointly held property and funds. However, there are a number of assets that may be exempted from being divided in a divorce settlement. This is sometimes true of inheritances or trust funds that belong solely to one spouse. It can also apply to property acquired by one spouse prior to the marriage that has not increased in value during the marriage. Most states do not simply split property and money 50/50. Instead, they decide asset distribution on a case by case basis. This is referred to as equitable (meaning fair - not equal) distribution. Many people do not realize that one spouse may have rights in regards to retirement funds even if they are in the other spouse's name. In the event of pending divorce, it is also not uncommon for one spouse to hide assets from the other. This is one reason most couples with significant assets are advised to consult with a financial specialist and a divorce attorney. Once the divorce decree is finalized, it is very difficult to get assets redistributed.

Fast Facts

  • Only 9 states have community property laws that usually split assets equally in a divorce.
  • Frozen embryos are occasionally included in the assets argued over in divorce settlements.
  • The largest (widely publicized) divorce settlement in the U.S. was in 2007 in the amount of $184 million dollars. It is being appealed.

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