Divorce is the legal process of officially ending a relationship that may have begun declining years ago. Spouses tend to have strong, negative emotional reactions to one another during divorce and may have a difficult time cooperating with one another.
Disagreements about the need for divorce and the best way to handle the process are common. Spouses frequently end up arguing about matters including how they divide their property. There are countless potential sources of conflict that differ from one household to the next based on what resources they have acquired during the marriage. However, some disputes are common and therefore predictable.
What issues do spouses often find themselves disagreeing on as they navigate property division matters?
What assets they must divide
State law gives both spouses an ownership interest in any property that either spouse acquires during the marriage. Whose name is on the ownership paperwork is irrelevant for the purposes of asset distribution. That being said, there are some resources that people can set aside as separate property. Those assets include resources owned before marriage, property inherited during the marriage, gifts received from other people and resources protected by a marital agreement. Spouses may sometimes claim that commingling occurred, which can lead to disputes about which property they have to divide and which they exclude from the asset division process.
What property is worth
It is not always possible to divide every asset. Instead, spouses or judges have to balance out the allocation of certain resources with other assets or even marital debts. To ensure that this process proceeds fairly, spouses generally have to agree on the fair market value of their resources. Higher-value assets may require professional valuation. Real estate, businesses, investments and even collections can be sources of conflict when spouses don’t agree on what they are worth.
The details of asset distribution
Spouses frequently find themselves fixating on the same assets and arguing over how to share them. For example, both spouses may want to stay in the marital home after the divorce. Assets that have significant financial value or that represent emotional value can trigger conflict between divorcing spouses.
Those preparing for divorce may need to learn more about their rights and the laws that apply to property division and other aspects of divorce. With the right information, spouses can set realistic goals and push for a fair outcome. Identifying likely sources of conflict ahead of time can help people avoid common divorce pitfalls.