Claim: Women Will Take Your House in Divorce
Of course, there are instances of women (and men!) getting the primary residence in divorce. However, these days, that’s far from the norm. Generally speaking, when you and your spouse buy a house during the marriage, you each own half of the equity in the house. When you get a divorce, your soon-to-be-ex will get half of the equity from the sale of the home. If your ex, regardless of their gender, wants to keep the house, they will have to buy you out of your portion of the home and then refinance the house in their name alone. Most people cannot afford to do this. These days, the house is usually sold, and the proceeds are split. If you bought a house in cash before you got married, your ex is not likely to get any of the house. If you bought a house with a mortgage prior to marriage, your soon-to-be-ex would likely be entitled to a portion of the house, but only the “marital portion”. This means that if you put a total $5,000 toward the house during the marriage, your ex would typically only be entitled to half of that. So, no; women don’t necessarily take the house during divorce. If you owned real property prior to the marriage, it would be best to obtain legal counsel prior to the marriage and possibly obtain a premarital agreement to protect those interests.
Claim: Women Will Take Half of Your Stuff in Divorce
Anything you owned before the marriage is considered to be a premarital asset, meaning that your ex likely doesn’t have a claim to it. However, anything you acquire after the marriage is considered a marital asset—meaning that you both have an interest in the asset. For the average couple, the big-ticket items are furniture and cars. Women aren’t typically going to be awarded half of your clothes, video games, or any other personal effects you have that don’t have substantial value. The court is mainly going to be concerned with high-value items that were acquired after the marriage, such as cars, real estate, furniture, decor, paintings, jewelry, etc. Proclaiming that “women take half your stuff in divorce” is an unrealistic way of viewing things. The reality is that the property you acquire after marriage will be split two ways during divorce, no matter what your gender is.
Claim: Divorce Is a Reward for Women, Financially
The number of people who are able to live on alimony alone is shockingly small, and even those who do get enough to live on alimony typically only get alimony for a few years. Even those who are able to support themselves on alimony alone aren’t typically living lavish lifestyles. For most housewives, divorce is financially devastating. Many women have either sacrificed or set back their careers in order to stay at home with the children and raise them. Recent studies show that the average housewife is worth around $150,000 per year. Staying at home to tend to the children and run the house while sacrificing their career could be significant. Many of these women don’t have the education and employment experience necessary to support themselves and the children in the event of divorce. Alimony may temporarily give them the extra boost they need, but it will be hard work for the woman to get to a place where she can financially support herself and the children. For most women, divorce is just as financially devastating as it is for men, but for housewives who do not have an education or work history, divorce is often anything but financially rewarding. Luckily, you can help prevent paying alimony by marrying someone who has an education, makes an income that is similar to yours, and is willing to continue working even after the children are born.
Claim: The Court Always Gives More Custody to Women
It is presumed to be in the best interests of the child for both parents to have some parent-time with the child(ren). Most parents want as much custody as possible, but moms tend to be the ones willing to give up the most in order to get the maximum amount of custody and women sometimes make men pay to get more custody—meaning, they’ll use the number of overnights and resulting child-support to sway the father’s decision. Women have historically had a tendency to be the primary caregivers, which has given them an advantage in custody disputes. If you are a father, and you want to protect your interests in a custody dispute, you can start doing so at birth: make sure that you are equally involved in the care of the child. Be at doctor’s appointments, dentist appointments, parent-teacher conferences, etc. Make sure you’re involved with feeding the children, bedtime routines, bath time, etc. When a custody battle does arise, don’t agree to having reduced custody if that isn’t what you want.
Divorce Stinks Regardless of Gender
Your divorce is going to be difficult for you no matter what your gender is. Both men and women tend to struggle with the divorce process equally. Fortunately, there are things you can do to make your divorce process easier. Alongside caring for your mental and physical health, you can consider hiring an attorney to advocate for your best interests during this difficult time. If you’re filing for divorce, CoilLaw is here for you. Contact us today to set up your initial consultation.