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Standing to lose

It is not very often that when a marriage ends, we see a completely clean separation between spouses. What may begin as a mutual understanding between partners can quickly turn into a messy battle for support, alimony, assets and custody. When facing divorce, it sometimes isn't just the loss of the marriage that is difficult but the loss of your assets that puts the real bite into it. When standing to lose more than a spouse, there are some things to keep in mind.

Most states follow one of two models when dividing property between spouses in a divorce. States that follow the community property model usually take all the marital assets and property and determine the most even split between the two parties. In what may seem a far less fair practice, states that follow the equitable distribution model may award the higher earning individual a greater portion of the marital property. The idea behind this uneven distribution is that the higher earning individual likely contributed more and, therefore, deserves more.

Regardless of what model the state you reside in follows, there are some basic guidelines regarding what property and assets are not divided. Personal effects, gifts, and inheritances are usually kept separate and therefore considered the sole property of their owner.

When divorcing couples try to separate a life once shared, it is often difficult to accept the distribution of any belongings or assets as fair and equitable. Many times, hurt feelings and sentiments get in the way and turn what was, at the beginning, a mutual action into a long and exhausting battle. It is for this reason that the aid of a trusted divorce attorney is recommended. With their help and a clear understanding of your state's division of property model, you may be able to avoid the bloodbath and get through your divorce without going to war.

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Goddard & Malmquist

Goddard & Malmquist
1250 South Grove Avenue
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Barrington, IL 60010

Phone: 847-382-3995
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