During a divorce, the assets of both parties may be eligible for division and reallocation to the other spouse. However, historically, men have often been at a disadvantage during this process for both cultural and logistical reasons.
To ensure that assets are distributed equitably among all parties, it is essential that men properly prepare before divorce proceedings.
For men, this should include a thorough review of all documentation, and an experienced legal team to present compelling arguments about the right to retain some of their assets.
Here is an overview of men’s rights during divorce, how men can ensure fair distribution of assets during this process, and strategies to protect what is rightfully theirs.
Understanding Asset Distribution in Divorce
The way assets are divided during a divorce can vary greatly depending upon where the couple lives. Maryland is an equitable distribution state, which means that courts will divide the married couple’s assets fairly between each partner when a divorce occurs.
Contrast this with a community property state, in which both parties in the marriage are considered to “own” all assets jointly, and thus they are divided 50/50 in a divorce.
For equitable distribution states, which are the majority, the court may elect to divide assets evenly, or it may not—this depends on what is equitable (or fair) for each party.
This determination comes from a thorough evaluation of many facets of the marriage, such as the income of each partner, the contributions they made to the marriage (financially and otherwise), and the potential future needs of each individual.
Challenges Faced by Men in Asset Division
Many societal biases and stereotypes continue to persist from decades ago that disadvantage men during asset division in a divorce. For instance, by the 1930s, only around 12% of married women participated in the workforce in the United States.
By the 1970s, this number was increasing but still less than half that of men. The addition of the wage gap typically is in response to the understanding that on average, a man makes more than his wife.
Due to his higher valued assets, he may stand to lose more during a divorce, regardless of which party filed for divorce or why.
Furthermore, it is common for women to be granted primary custody of children, after which men may be required to forfeit more of their assets to provide for the child in their absence.
This may occur even if the father is sharing custody and actively participating in the child’s life both financially and logistically in his own time.
Strategies for Men to Ensure Fair Asset Distribution
Because courts divide assets equitably in Maryland divorce, it is essential that men are prepared to demonstrate what is equitable and prove which assets are not eligible for redistribution.
This begins with gathering documentation of the assets, income, and contributions that the man has made both during and prior to the marriage date.
This should also involve the expertise of an attorney specializing in men’s rights in divorce issues. Negotiation and advocating for fair treatment during settlement discussions are not recommended DIY events.
Two main strategies can be effective in preserving wealth where possible: demonstrating fair treatment and proving non-marital assets.
Any man in a divorce should build a case clarifying which assets (real estate, retirement savings, investments, and more) they should be allowed to keep or even receive from the other spouse in order to maintain their current lifestyle and find success.
Evidence of the man’s greater contributions to the marriage, if applicable, can be valuable here. Equally important is to prove which assets are marital and non-marital property.
- Marital property is acquired after the marriage date, such as income following the partners’ marriage or contributions toward joint ventures in home ownership, retirement, and more.
- Non-marital property is what was acquired before the marriage began and may include investments, solo IRAs, cars, and other physical property that each spouse brought into the marriage.
Because Maryland is not a community property state, these non-marital assets are not eligible for division during a divorce, and their value cannot be used to calculate what is due to the other partner.
Great care should be taken in proving the proper label for each asset to ensure that as much of a man’s pre-marital wealth is retained as possible.
Ensure Fair Asset Distribution With Legal Representation
Men often face difficult financial challenges during divorce due to biases during asset division. However, with the help of an attorney specializing in men’s rights, they are more likely to maintain the property and asset values belonging to them.
The attorneys at Milstein Siegel can assist with your divorce case to preserve the property and investments you have earned both before and during the marriage to ensure equitable treatment.
Contact Milstein Siegel to schedule your consultation.
