When you are in divorce court or negotiating a divorce agreement, the starting point is one-half of the marital estate, minus the debts and liabilities; however, there are factors that can affect how the marital assets are divided in a divorce, including but not limited to the following:
- Whether one of the spouses has a spending problem or a gambling problem;
- Whether one of the spouses has given money or transferred property to a friend or family member for the purpose of reducing the amount of marital assets to be divided;
- Whether one of the spouses has spent money or incurred debt in the payment of attorney's fees for a criminal offense, such as a DUI;
- Whether one of the spouses has been the primary caretaker of the parties' children or has enabled the other spouse to earn substantially more than him/her;
Each case is unique and there are clever ways to tip the scales in your favor if you have an experienced divorce attorney on your side.