Should these divorce practices change?

Question

I have known guys who worked hard and earned the money themselves yet in a divorce they are expected to give half of their money to their wives, pay alimony, and give half of their house or even all if their wife wins child custody. If American women have alot of equal rights like men (voting, running for office, attend college) should these divorce privileges cease to exist?

Answer 1

i am so glad you asked this question.

my parents went into a divorce. and then my dad had to give alot more then my mom did.
i dont see how its fair.

i think you are right. they shouldn't. why is it always the dad that gets the worst of it.

like on the movie Liar Liar...the dad was a good father...but the lady still persisted on getting more money.

reality sucks.

Answer 2

It depends. If both partners agree that the woman will forgo her earning and career potential by staying home to raise the kids, then yes - she diserves all that you listed above (same goes for a man who stays home). Now if there are assets that each person came into the marriage with that they want to keep seperate, then they need to deem them so via a pre-nup agreement. As far as anything acquired during the marriage i.e. house, cars, finances, should be split 50/50. Courts also take into consideration the length of the marriage. Most of the time, if the marriage is less than 10 years, a partner would not be eiligible for alimony anyway. As for the children, that is typically decided between the divorcing partners unless abuse is a factor. Most of the people I know that have divorced have joint custody. In fact, most of the men I know suggested joint custody so they could forgo child support but realized very quickly just how much work child rearing is and decided that it is much easier to fork over money than have to raise their own kids albeit part-time.

A marriage is a partnership. If you want to keep your own money and not share it, I suggest you never get married or even cohabitate.

Answer 3

I don't know what state you live in but most states divorce is no-fault 50/50 and the court would usually want equal custody rights for the parents. The division of assets, custody, etc, are decided by the spouses before court. If that isn't the case, then you can still fight it in court. Alimony hasn't existed in my state for many years. I had no special privileges in my divorce 22 years ago and I doubt that the laws have changed to favor women in those years. If one or the other spouse has been a problem, then the judge is apt to favor the other if these problems have been brought up in court.

Answer 4

These women have stayed home to raise the children or keep the household and this is never an issue until a divorce comes about. More and more women who have careers are the ones paying the child support and alimony. I have girl friends in this category. If a guy has a home that he bought before he got married he should have had a prenup. Anything they buy after the marriage is equal. That is just the way it is.

Answer 5

Actually, it depends on the state the couple live in, the length of the marriage (one year versus, let's say, 25), children and ages, etc. It's not just 'the guy has to pay'. Some wives don't qualify for alimony if she also works, and may have to pay alimony to the husband, and child support can and does get paid by both parents if the custody is shared.

Answer 6

I think the practices should change. The time at which they were put into use the men were making more or all of the money. Today woman are more goal oriented in terms of their occupation and focus on that. They spend a lot less time at home. Arguing that women are the ones who are raising the kid doesn't seem to hold strong much anymore. Think about how much of society is currently being raised on fast food and tv because both parents are working until 5, bring food home, and watch tv until it is time for bed just so they can do it all over again. Child raising is much less hands on. This is why i feel that there should be a change.

(The upside to today's practices is that you can always get a prenuptial agreement to protect the "bread winner" whether it be female or male)

Answer 7

No. The law works both ways. If SHE is the breadwinner, and builds a business empire (think movie star for example) then HER money will be split with her spouse.

The thinking is that the person who stayed at home contributed to the well being of the person who built a career. By being there, looking after the house, kids, etc they freed that person to go out and make a living - so really, they both earned the money.

That may not be true, but the law doesn't favor a man or a woman, just the spouse who stayed at home.

Answer 8

No. However, they should be gender neutral, which in most states they are.

You ignore the fact that in many cases their wives did various things to support them while they were earning that money. The unstated bargain is that one spouse takes care of the house and children while the other earns money. It doesn't matter which spouse does what under the law. Women (like Brittany Spears) have had to pay spousal support to men.

I also think that it's really slimy to begrudge children a chance to stay in their house because their parents decide they can't be married anymore.

Answer 9

It's not gender-based.If the woman earns all the money herself, she has to pay her spouse in the settlement. Gender has nothing to do with it. Women have no more or less benefits than men.

And couples can always make a pre-nuptial agreement to change alimony and property distribution in the case of a divorce, so there is really no need to change the laws to enable people to have protections.

Answer 10

What should change is the concept of no-fault easy divorce. That needs to go. Then a whole host of other problems will vanish, because then people might spend more than 5 minutes contemplating spending the rest of their lives with the person they wish to marry.