Divorce

Divorce or dissolution of marriage is the ending of a marriage, which can be contrasted with an annulment which is a declaration that a marriage is void, though the effects of marriage may be recognized in such unions, such as spousal support, child custody and distribution of property.

Divorce's financial implications

Divorce leads to the creation of two households rather than one, with consequent increased costs. All parties suffer these effects. As more men are awarded child custody, many of the roles and difficulties decribed below may be reversed, although men who are awarded custody have historically been less likely to be awarded child support or alimony.

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Women often financially suffer as a result of divorce due to lower earning potential in many countries, and to their greater historical role in rearing children (these causes are not unrelated). They more often obtain custody of children after the divorce, reducing their ability to pursue well-paid employment. Child support collection is a major problem: some fathers do not accept that they have an obligation towards their children, while others accept such an obligation but cannot fulfill it. Many national and local governments provide some kind of welfare system for divorced mothers and their children. See single mother for details.

Related Topics:
Women - Financially - Governments - Welfare - Single mother

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Men are also often victims of divorce, both financially and in other ways. Court-ordered alimony and child support can be beggaring, often pegged to large percentages of the higher-earning spouse's income. Such obligations can make it impossible for paying spouses to remarry, and if they do remarry, the law often puts the payor's prior obligations before his and his new family's needs. Additionally non-custodial spouses (more often men) are often blocked from access to their children. This damages the children as absence of fathers strongly decreases children's overall well-being (delinquency, mental health, stability of marriage in turn, etc). Groups such as Families Need Fathers fight this trend by working to promote healthy relationships between children and their non-custodial parents and other relatives.

Related Topics:
Men - Alimony - Child support - Families Need Fathers

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Currently in the US, federal law makes non-payment of child support a felony, whereas refusal to honor court-ordered visitation decision is not, and seldom results in any punishment or compulsion to change. Additionally the Bradley Amendment revoked due process for support-paying parents, removing the ability of judges to reduce child support obligations in cases of unemployment, state statutes of limitations, bankruptcy, incapacitation or other extremity. Some feel this gives inordinate power to custodial parents, at the expense of both their former spouses and their children.

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In the USA, a spouse who resides in a community property state and lacks a prenuptial agreement can be at a disadvantage if he or she earns more than the other spouse. In these states, the property is split 50/50 regardless of who earned the money. This is true even if the poorer spouse has committed adultery or initiates the divorce. On the other hand, less tangible assets such as putting a spouse through school or providing a good home are difficult to value in dollars, and a spouse whose contributions are less tangible can also be disadvantaged.

Related Topics:
Community property - Prenuptial agreement - Adultery

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Most states in the USA are not community property states. However, some large and populous ones such as California, along with a few smaller ones, are. Some states instead impose a standard of "equitable" rather than equal division, attempting to address the many complexities involved in separating out years of financial sharing. In such state judges have greater power to balance various contributions to the marriage.

Related Topics:
California - Judges

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A prenuptial agreement before marriage can reduce conflict over financial division should a divorce be undertaken later, although courts sometimes overturn these agreements.

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In some jurisdictions, only a small minority of divorces involve families with children. For example, in Scotland in 1997, there were 2461 divorces involving children but 9761 of couples with no children under 16.

Related Topics:
Scotland - 1997

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