Rubinstein & Holz | Family Law Attorneys

Will my spouse take everything in our divorce?

Years upon years of television shows and movies that use disastrous divorce as a plot point make it seem as though somehow, in the middle of the night, the spouse you divorce will figure out a way to deny you a fair share of your marital property and take everything. While this makes for great storytelling in capable hands, in practice this is very unlikely, although certainly possible. If you have concerns about how you should approach an impending divorce, now is exactly the time to build your divorce strategy and ensure that you do not receive a grossly unfair settlement.

In general, the greater the assets that a couple possesses, the more complicated the divorce process. A couple who rents their home, has two vehicles, $10,000 in savings and a dog does not face nearly as complex a divorce as a couple who has $1 million in various investments, owns a home and also owns a business. Assuming that your impending divorce will take some time and effort to resolve, it is wise to do proper research to understand the range of outcomes that you can reasonably expect.

In practice, divorce is very, very rarely an all-or-nothing proposition. There are certainly divorces in which one spouse feels he or she did not receive fair consideration, but this can occur many ways, and may have more to do with that spouse's expectations than with unfair conduct by the other spouse or his or her legal team.

As you prepare for divorce, don't allow fears of a terrible outcome keep you from taking the necessary steps to protect your interests. A carefully constructed divorce strategy can help ensure that you know what to expect and which terms to accept as you prepare for life on the other side of your marriage.

Source: FindLaw, "Divorce Property Division FAQ," accessed April 06, 2018

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Rubinstein & Holz | Family Law Attorneys

Rubinstein & Holz
1375 Jackson Street
Suite 304
Fort Myers, Florida 33901

Phone: 239-790-4314
Fax: 239-332-5078
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