Divorce FAQ

The UDMA (Uniform Dissolution of Marriage Act) is a statute for no-fault divorce which contains an outline for all the procedures for alimony, child support, child custody, property division, and other aspects of the divorce.

A lot of people, especially those going through divorce for the first time, are worried about how the property will be divided. Say for example a spouse gave up his/her career in order to be the primary care giver for the children while the other spouse's career flourished. Practically speaking, it would be difficult for the spouse who put his/her career on hold to get back on the horse since he/she has given up so much for the marriage.

The UDMA states that there must be an equitable or fair division of marital property. The terms "fair" and "equitable" comes into play here, which may mean that the division of property and assets may not be 50-50, or a clean split down the middle of the pie.

What does "marital property" mean?
Under the UDMA, the term "marital property" means all properties that were acquired during the marriage as well the apreciated value of a non-marital (or separate) property brought into the marriage.

What are the steps to property division during divorce?

• Make a list of all the assets that you and your spouse have.
• Go down the list and determine which ones are marital and separate properties.
• Determine the value of all your properties.
• Put the separate assets in a different list and determine the value of these assets at the time of your marriage. Then determine their value on the date they were received.
• The value of the property under the marital property component can be determined by subtracting the value of the property on the decree date from the value of the property during the date it was received.
• Compute for the marital property component of separate assets as well.
• Divide the marital property while taking into consideration the factors which will make the division equitable and fair.

What factors are considered when deciding on property division?

• The current financial condition of each party involved.
• The current ability of each person to earn money.
• Age
• Entitlement to benefits.
• Contributions made in increasing separate property.
• Work experience in conjunction with educational background.
• The significance of a spouse's contribution to his/her spouse's career or business advancements.
• Actions taken by one spouse to hide or deplete the marital assets.