A divorce can pose a challenge for many reasons, and men in particular can face an uphill battle due to inherent systemic bias in the family court system. As assets are divided during a divorce, it is essential for a man to understand his rights to ensure fair treatment.
Men’s rights establish a level of equity when the court examines what each party should receive. Here are some tips for men to protect their financial interests during a divorce, including how to prepare before the divorce occurs, what to do throughout the process, and the benefits of an attorney experienced in men’s rights.
Educate Yourself on Men’s Legal Rights and Obligations
Before approaching asset division in a divorce, men should understand both their obligations and legal rights throughout the process. Men have the right to:
- Equitable distribution of assets
- Exclusion from responsibility for the spouse’s non-marital debts
- Spousal support (alimony) where applicable
- Treatment based on financial objectivity, not gender
- Child support where applicable
These are just a few of the overarching concepts that inform the decisions that the court makes in asset division. Consulting with an attorney experienced in men’s rights will provide personalized guidance.
Do not agree to any potential asset divisions or start moving money until after your legal consultation. Doing so may constitute an agreement with a less favorable asset arrangement or may be viewed by the court as an attempt to shield assets from reallocation, prompting a more stringent division as a result.
Organize Financial Documentation
Once a man is aware that divorce papers have been served, he should begin organizing the documentation required to demonstrate a comprehensive view of his financial situation. Thorough documentation is non-negotiable; the court will need to examine the entirety of his property, as well as its status.
For instance, be sure to include not only the balances within accounts but a history of deposits with dates or receipts from purchases (in the case of physical items). This helps to determine which assets constitute marital property—that is, acquired after the date of the marriage—and which are non-marital property.
Non-marital assets are not eligible for division, so a man may secure more of his finances if he can demonstrate which amounts and items are ineligible for negotiation.
Each person’s financial situation is different, but in general, key documents to obtain copies of include:
Bank statements- Retirement account statements
- Pension contracts
- Insurance documents, such as life insurance and annuities
- Tax returns
- Pay stubs
- Property deeds
- Debt notices
- Loans and liens
Consider a Prenuptial or Postnuptial Agreement
Those who are not yet facing a divorce can prepare for potential asset division by creating prenuptial or postnuptial agreements. Such documents can become legally binding if they are executed correctly; if you have created a pre- or postnup with your partner on your own, be sure to have it reviewed by a lawyer to ensure it is enforceable later.
Key provisions to include in such agreements include:
- Property division
- Certain assets that remain with each party regardless of date acquired
- Spousal support
- Inheritance rights
Negotiate Fairly and Strategically
As the divorce proceeds and both sides are in the process of either mediation or court appearances, it is essential for the man to approach negotiations with a focus on equitable outcomes.
Prioritize long-term financial stability over short-term gains for both parties. Becoming antagonistic or difficult to work with can result in less favorable outcomes.
Working with an attorney experienced in men’s rights can be a significant advantage in this area as well. Advocating on your behalf, these professionals remove the emotional elements from interactions keeping the focus solely on the facts and data.
Maintain open and effective communication and conflict resolution during negotiations. State clearly what you want and provide evidence that supports the claim that the asset or amount should be yours.
Acknowledge when the other party has a right to assets and comply, but be strategic; if done methodically, it is possible to replace or renegotiate division in a manner more favorable to you.
For instance, if the spouse wants the family car, it may be possible to instead pay the value of the car in order to keep this asset if the man needs it to continue commuting to work.
Secure Your Assets with a Men’s Rights Attorney
Divorce can be a time of high levels of stress and emotions, but these should not interfere with strategically approaching asset division with your rights in mind. The team at Milstein Siegel supports men’s rights during divorce throughout the asset division process including through mediations or litigation.
Don’t take any action until you have spoken with the experts in men’s rights. Contact Milstein Siegel to schedule a consultation to guard your financial interests.
