Getting divorced means you need to split your property and money. While many think everything must be divided equally, the law allows for uneven splits. You can ask the court to give you a more significant share of the assets when your situation calls for it.
What makes asset division uneven?
When one spouse gets more assets than the other in a divorce, it’s called uneven or disproportionate division. Courts look at many real-life factors to decide if this makes sense. They focus on what’s fair rather than just splitting everything down the middle.
Key reasons courts grant uneven splits
Before you ask for a more significant share, know what the courts consider essential. Here are the main factors that could support your request:
- Big differences in how much each person earns
- How long have you were married
- Time spent as a stay-at-home parent
- Health problems that affect your ability to work
- Your education and job skills
- Who takes care of the children
- Proof that your spouse wasted marital money
- Property you owned before marriage
- Your age and chance to earn money later
- How taxes will affect each person
What you need to prove your case
You must show proof to back up your claim to get more than half of the assets. A judge wants to see:
- Clear money records
- Papers about your income and job
- Medical records if health is an issue
- Proof of how you helped during marriage
- Records of any wasted money by your spouse
Getting more than half of the divorce assets isn’t simple, but it’s possible with the right reasons and proof. Since these cases need solid evidence and legal know-how, talking to a divorce lawyer can help determine if you have a strong case for uneven asset division.
