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Fair versus equal property division

Despite the fact that the equal division of assets in a divorce is intended to be objective and fair, there are many cases where one party benefits significantly more than the other in the end. Fortunately, there are several things individuals can do to help ensure that the property division process during their divorce is as fair as possible.

Know your hand

Before assets can be valued and divided, they must be identified. That is why it is recommended that individuals always seek the counsel of an experienced divorce attorney before proceeding with the property division process. A CPA may also be consulted to help clients understand their family’s finances and investments, taking into account everything from monthly bills to retirement accounts. This is the time when marital property will be evaluated to determine its liquidity and calculate net worth.

Play your cards

The liquidity of assets goes a long way in determining whether or not the equal division of property is fair. For instance, the party that retains ownership of the family home may gain a substantial portion of marital property, but that property also comes with a number of expenses. The other party may be granted rights to assets such as savings and/or retirement funds that are immediately accessible as sources of income, giving them a considerable advantage in terms of financial security.

Accounting for the liquidity of assets like a home property, business and other investments during the division process helps to develop an agreement that truly benefits both parties.


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