Reply to Divorce - who gets what? How should it be split?

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[quote=Anonymous][quote=Anonymous]I’m separated from my spouse and want to be divorced as soon as is humanly possible. I’m curious as to what people think is “fair” or “typical” in a split where one partner has mostly been a stay at home parent or parent-tracked and one is a high earner in a high stress job.

A SAHM friend of mom said she feels it’s a 50-50 partnership and a joint decision for one parent to stay home, so she would expect a 50/50 split in a divorce. I’m not sure how I feel about this. It was a mutual decision for me to stop working when the kids were born, but I don’t really feel like I’ve contributed as much as DH financially and I guess I’m just wondering what DCUM thinks is “fair” in a situation with very unequal splits between the parents on both earnings and childcare. [/quote]

Your feelings about what is fair or typical are irrelevant.

In no-fault divorce the presumption in most states is 50/50 division of assets and 50/50 custody. Alimony might temporarily be awarded if a huge divide in income. Child support is done by formula. If there is a house, either one spouse buys out the other or it is sold and the proceeds evenly divided.

It’s not that complicated and any attempt to deviate from the above only enriches lawyers and reduces the assets to be divided. [/quote]

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