Asset Distribution Mediation Following a Divorce: Who Gets What

Asset Distribution Mediation Following a Divorce: Who Gets What

Image courtesy of David Castillo Dominici / freedigitalphotos.net

Image courtesy of David Castillo Dominici / freedigitalphotos.net

Equitable asset distribution following a divorce doesn’t always go smoothly, and when there’s tension, determining “who gets what” can only worsen it.   Since a large percentage of divorces follow months (and even years) of arguments and disputes between a divorcing couple, asset distribution can be seen as a sort of final straw that brings the couple’s conflict to its worst stage—and there’s good reason for this.

Assets and property are tied to emotions.   A home that the couple shared, and potentially even raised a family in, holds memories and a sense of security that are difficult to let go of.   The items within that home—perhaps items that the couple purchased together during better days—remind of a time when there was happiness instead of conflict, or romance instead of emotional distance.   Therefore, dividing up these assets often ends up being a highly emotional process, since there is more happening than what’s on the surface.

 Added to this is the financial uncertainty that divorce almost always brings to both spouses.   Such uncertainty can escalate the desire to keep as much property and assets as possible.   Since one spouse will likely stay in the marital home while the other finds a new place to live, the spouse who is moving out will have the additional financial concerns of purchasing new furniture and paying moving expenses.   Without acknowledging this, one partner could end up shouldering more of the financial burden of the divorce than the other, prompting added resentment to an already bitter situation.

These issues all add up to the necessity of communicating openly about asset distribution, and there is no better legal process to do this than asset distribution mediation.   Asset distribution mediation allows the divorcing couple to discuss the financial implications of the divorce, along with the most fair way to equally divide assets between them.   A trained asset distribution mediator will be able to suggest ways in which the couple can do this without the added tension of “lawyering up” and attempting to take as much as possible with them in the divorce out of spite or anger.

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MEDIATOR OF THE MONTH: Jeffrey Grayson
Asset Distribution Mediation Following a Divorce: Who Gets What