• partial_accumen@lemmy.world
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    10 months ago

    What I do have a problem with is 50-50 split laws that create the possibility that assets will be automatically equally split in a divorce, which is stupid and enables gold-digging.

    I have never heard anyone complain about a 50-50 split laws.

    You clearly have a strong opinion about it. If you’re willing to share, do you believe that “gold-digging” is such a prevalent problem that the default 50-50 split needs to change? What are you proposing as an alternative? If you’re worried about “gold-digging” how do prenuptial agreements not mitigate this already?

    • pahlimur@lemmy.world
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      10 months ago

      My mom slept around for 20+ years of marriage, was emotionally abusive to her kids, and never did much if it didn’t further her public image. From the outside she looked great, but now she is on the never talks to me again list. My dad was the primary breadwinner by a large margin, cooked dinner every night, coached multiple of our sports teams, taught us to drive, volunteered at our school several times per year, and was so calm I can only remember one time where he lost his temper. He basically raised us as a single father and never wanted to divorce because he was determined to break the cycle. He sounds fake when I type it out.

      The settlement after two years of lawyering, and only one of the kids being not an adult at 17 years old, was ridiculous. He took on all of the debt, took care of all the kids, paid all 3 kids child support until we were 21, paid my mom alimony of over $2k, she took half the shit out of our house, and gave her a free basically new car. Oh and he paid for her apartment for a year. This was after talking the judge down for months.

      We were firmly middle class, like $150k gross in the 2010’s when this played out. I had to pay for our groceries a few times because of this fucked up system. It basically fucks the good parent into the ground for a sense of equality.

      • partial_accumen@lemmy.world
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        10 months ago

        It basically fucks the good parent into the ground for a sense of equality.

        First, let me say that I feel for you and your father in trying to do what he felt was right and honorable.

        50-50 split isn’t where one person takes all the debt, then the assets are split 50-50. What you’re describing sounds like your father would have benefited from 50-50 split. He clearly didn’t get half.

        • pahlimur@lemmy.world
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          10 months ago

          It was about 70/30 in my mom’s favor. The big problem with no fault is it massively favors the mom.

    • CapeWearingAeroplane@sopuli.xyz
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      10 months ago

      I don’t feel strongly either way here, but want to point out that something doesn’t need to be a big, prevalent problem before you advocate for change. If it’s a problem for someone, somewhere, and you can solve the problem without introducing new problems for others, that should be enough.

      As for the 50-50 split, I intuitively think it would make sense to have some kind of clause regarding what each part brings in to a marriage. If one part brings in a house, while the other just got their first job, it doesn’t make sense to me that the default upon a divorce should be that they get equal parts of the house. Of course, implementing a good solution in practice can be anything but simple.

      • partial_accumen@lemmy.world
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        10 months ago

        If one part brings in a house, while the other just got their first job, it doesn’t make sense to me that the default upon a divorce should be that they get equal parts of the house.

        It already doesn’t work like that in most places in the USA. If the house is still in the name of the person that owned it to begin with, generally that person keeps the house after the divorce. Do some googling on “premartial assets”.

    • Tedesche@lemmy.world
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      10 months ago

      I’m not at risk of it, in case you’re wondering if I have a personal stake. But I’ve always found the notion of a person taking 50% of another’s accomplishments simply because they managed to get them to fall in love with them tantamount to rape. I have very strong opinions about rape too, by the way.

      Prenuptial agreements are nice, but the truth of the matter is that 50/50 should not be the default and people shouldn’t have to take preliminary measures to protect themselves. It’s not about the prevalence of the problem; rape isn’t actually that prevalent if you look at the full scope of human sexual interaction. Nonetheless, that it occurs at all is abhorrent. That alone justifies action and legal protection. The alternatives are extrajudicial negotiation via lawyers and court judgments if that fails. Plenty of states have this system; only nine have 50/50 laws. Thankfully, it seems most people can see their stupidity. I’d rather see resources split equitably according to needs and what people deserve than a completely in-arbitrary split that’s sole purpose is to spare court time and resources.

      And if you don’t think my comparison to rape apt, I can assure you I don’t mean to equate the two in every aspect, obviously. But it’s been said by many others that this is the principal way in which women take advantage of men, and I do consider it severely psychologically damaging, even if the outcomes aren’t the same (e.g. PTSD). Legally stealing a person’s earned income isn’t just about money; it’s a slice at their very life’s work, and that is about far lore than the material goods it’s associated with.

      • MagicShel@programming.dev
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        10 months ago

        This seems kinda ignorant about how married families work. So much that I don’t even know where I’d begin setting things straight. My wife spent years not working, not advancing her career, not contributing to the financial bottom line further than doing all the work necessary to make the household function so that I could focus on my own career growth and money. Even now, I make twice what she does even though she is probably the more generally competent of us, because she effectively had no career growth for about fifteen years.

        Once the kids from her first marriage were old enough she became a loan officer at a bank. That went out the window when we started having kids of our own and she had to start again from the bottom rung of the ladder in a whole different industry. You’re damn skippy she’s entitled to half my earnings if we get a divorce. I couldn’t have hired someone to do everything she’s done for half my salary. Plus it’s not like I’d want my kids living in poverty when they were staying with her.

        I feel like in your head your are thinking some self-made millionaire tricked into marrying a high school dropout because the pussy is amazing and now she has a half million bucks and her vagina can retire. Maybe that happens but my story is way more common. Plus if the pussy is that good, who’s to say it isn’t worth $500k? Only Fans incomes suggests that certain pussy is definitely worth that.

        My point is just think about what the woman risks and sacrifices before deciding 50/50 is unfair.