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What You Need To Know Split Assets During Divorce



What You Need To Know Split Assets During Divorce

During a divorce, dividing assets can be a challenging and intricate procedure. Numerous aspects must be considered, and having an experienced divorce lawyer at your side can assist you in navigating the process.

Multiple clients have come to Charleston Law for assistance in navigating the challenging seas of property settlement during a divorce. In this blog post, we’ll go over how assets are usually divided in divorces, along with some advice on making things move as smoothly as possible.

The Family Law Act states that the idea of separation is essential to getting a divorce. However, establishing separation can be complex and arbitrary, mainly when ties are sporadic.

The Act considers scenarios where a couple separates and later reunites for a maximum of three months, allowing the two periods of separation to be blended into one.

A couple can satisfy the twelve-month criterion if, for instance, they separate for two months, reconcile for three, and then separate for ten more months. In this case, the total separation period comes to fifteen months.

Consider all financial and non-financial resources

Many couples might be shocked to learn that all their individual and combined assets and debts from the marriage are divided upon divorce. Each spouse’s financial contributions to the wedding should be taken into account.

Savings made throughout the marriage, gifts, inheritances, payments made by one spouse towards the debts of the other, and any investments or inheritances received by either partner are included.

As the most valuable asset a marriage owns, the family house is typically the main contention in divorces. The parties usually split up the family home according to who needs it more financially. For instance, the family house may be granted to the parent with primary custody of the children.

1. Additional real estate holdings

A divorce may take into account other real estate assets in addition to the family home. These assets include rental properties, vacation homes, and investment properties. These assets will often be divided according to who owns them and how much they need.

commercial objectives

In most cases, a firm owned by one of the parties will be deemed an asset during the divorce process. Appraisers will ascertain the business’s value, which will be distributed among the parties according to whose financial need is the greatest.

2. Individual Asset

Everything that each party has, including furniture, vehicles, jewelry, artwork, and clothes, is considered personal property. Property division is typically accomplished through mediation or direct agreement between the parties. A judge may decide how to divide the parties’ personal property if they cannot agree.

3. Debts

Any debts that belong to either party must also be taken into account. Credit cards, health insurance, education loans, and mortgages are some examples. Usually, the distribution of these debts will depend on who is the owner.

You can ensure that your interests are safeguarded and that you receive a fair portion of the asset pool by being aware of the various asset kinds that could be considered during a divorce. It’s crucial to see a skilled divorce lawyers for legal assistance with asset division in divorce cases so they can advise you on effectively safeguarding your financial interests.

How to negotiate with your ex-spouse over the division of assets

It’s crucial to remember that the distribution of assets and property shouldn’t be viewed as a kind of “punishment” or reward. Instead, it is an economic activity that entails reorganizing the two parties’ financial arrangements.

Both parties must bargain sensibly and equitably to guarantee a pleasant outcome. Consider what assets are realistic for each person, accounting for age, earning capacity, and any children involved in the divorce.

1. Maintain open channels of communication

Maintaining communication with your former spouse is crucial during the divorce settlement process. This entails communicating with them courteously and civilly and being open to hearing their viewpoint. Being specific about your goals and the compromises you’re ready to make is crucial.

2. Prioritize your kids

If you have any, it’s crucial to prioritize your children’s needs during a divorce settlement. This entails putting their needs ahead of your sentiments and acting in their best interests while making judgments. Even if things are tough between you and your ex-partner, it’s crucial to make an effort to keep things somewhat stable for their benefit.

Be willing to bargain.

Negotiation is necessary for finalizing your divorce and allocating assets, so be ready to bargain. This entails having a flexible mindset and being open to developing novel solutions that benefit both sides. Before you begin negotiating, knowing precisely what you want and what you’re ready to accept is crucial.

3. Be willing to make settlements

To agree, divorce settlements may need concessions from both sides on several points. For instance, you might have to renounce your claim to the family house to receive a more significant portion of the retirement funds. A fair settlement requires compromise, so be ready to give in on certain things.


Do not hesitate to seek help from a mediator or attorney if you are experiencing difficulties coordinating with your former spouse or coming to a settlement. They can direct the appropriate course of action and aid in facilitating communication.

SEE ALSO: Minnesota Joins the Ranks: Recreational Marijuana Legalized For Adults 21 And Older

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