A divorce can be a very intense and difficult process for all involved parties. And sadly, in some cases, the outcome of a divorce may be unfair to one side.
This leads us to the question “does gender have an effect on the judge and jury’s verdict and outcome of the divorce?”
Let’s say, for instance, that it does, another question that pops into mind is that how much is a wife entitled to in a divorce?
Today, we will share with you how much is a partner entitled to in a divorce.
How Much Is A Partner Entitled To In A Divorce?
There’s no exact answer to this question. It depends on each divorce on a case-by-case basis. No divorce is ever exactly the same. The amount of alimony a spouse receives after a divorce depends on many factors.
When it comes to property, it is distributed equitably to both spouses. Equitable distribution of property between the two parties is decided under the Equitable Distribution Law.
During the divorce, both spouses are obliged to present their financial documents and property to the court. This includes individuals’ sources of income and debts that they have to pay.
What is Equitable Distribution?
What exactly is equitable distribution? Equitable Distribution refers to the fair division of property to both parties. And there are two types of properties when it comes to divorces.
There is the marital property. The marital property is any property that the married couple acquired or bought during the course of their marriage.
The second type is separate property. Separate property is any property that belongs to one spouse before he/she married the other.
Even when married, if one spouse inherits a property, it is considered a separate property.
How is Marital Property Divided?
Marital property is divisible between the two parties. The court considers these things when they are dividing the marital property in a divorce under equitable distribution:
- The income and property of each spouse during the course of marriage
- The length of the marriage
- The age and health of both spouses
- If there are children between the two spouses; the custodial parent needs the home or any other marital property while the children are growing up
- Then spouse’s effort in the household
- The loss of inheritance as well as pension benefits
How is Spousal Alimony Determined?
The amount of alimony one spouse receives will be based on the following factors:
- How much money each party can earn every month
- What are the reasonable and essential expenses for each party
- If the alimony will make it possible for each party to be able to live on with a lifestyle similar to what it used to be when they are still living as a married couple
If there is not enough money to make something close to their marital standard of living, then most of the time, judges will look for a way to make both parties share the financial pain equally.
We hope that this article has helped shed some light on how much a partner is entitled to in a divorce.