Galt

Think about it. In all fifty states today property is legally divided, in a marriage, only at the time of a divorce. This is true whether it happens in a "community property", "equitable division" or "common law" (are there any left?) state. This places the burden of making a fair division on the judge, the lawyers (at great expense to the parties involved) and upon the parties, themselves, in the sense of the need for careful record keeping--which must be applied in a prescient manner--with a view toward eventual divorce.

I am proposing that all fifty states adopt law providing for the division of property, as soon as it is received, by either party. This would require that all payments of any kind--to either party--whether salary, payment for goods, even gifts or inheritance, be required by law to consist of equal, and seperate, payments to each party to the marriage. If a married person wishes exclusive payment to himself he can (a) produce a notarized waiver from his spouse allowing this or (b) other proof that an item to be sold is exclusively titled in his name or has been exclusively in his possesion since the beginning of the marriage. Alternatively any grantor of a will or gift may stipulate in a sworn affadavit that the asset is intended exclusively for one individual, with such a stipulation essentially constituting a form of "title" if the asset is later sold. In the case of employment the employer would be required to issue two equal and seperate paychecks, one to the husband and one to the wife, together equaling the total wages earned, when either party is paid for their labor.

Just think what a revolutionary simplification of property division, in divorce, this approach would create! With ALL income equally or otherwise fairly divided AT THE START, there would no longer be any reason to do other than to simply allow all ownership, of any kind, to be determined strictly by title or possession. With all income AUTOMATICALLY distributed, at the outset, based upon the theory that "marriage is a partnership", "seperate property" created by a party prior to the marriage would, again, automatically be protected.

Best of all, this approach would avoid the present fraudulent "blindsiding" of wage earners and income-creaters who are honestly not aware of the way present property division laws operate, and are justly outraged when one-half of the assets which they were led to believe were theirs turn out to be, in fact, their spouses. This is particularly hard to accept after paying an attorney thousands to try to keep them. Just imagine! When that man (or woman) is paid, for the first time, with seperate paychecks for his labor, with one-half of the wages going to his spouse, he (or she) will fully inderstand--and without any additional explanation needed--exactly what he has gotten into. He will then have no excuse, whatsoever, to later complain about the "division" of property in any future divorce, as it will all have been already divided, with his full knowledge and consent, prior to the filing!!

So let's hear it! Tell me if you agree that this proposal, if implemented, will at last put an end to nearly all confusion and argument about division of "marital" or "community" property, and will finally force the divorce lawyers who have been using argument over property division as the "bread and butter" of their practice, to work in more honest, productive and legitimate areas!!

COGypsy

It may end some alleged confusion of "marital property", however how do you propose to support the administrative burden to all of the entities that would have to comply with this mandate? What your saying would essentially require an employer to hire two people for every job. To process two individuals for salary, two W-2/1099's for every position creates an incredible burden for employers and employment law.

gonefishin

Is there a scale on the kitchen counter splitting the food 50/50. There is a giant leap of faith when you marry. If you cant handle the risk do not get married.
Posted via Mobile Device

Galt

What about the incredible burden on the working party’s spouse, at the time of any divorce, of trying to collect her share of the marital assets after they have been hidden, gambled away, placed in an annuity or limited partnership, or even spent on nonsense? It is certainly worth requiring the employer to make a few more computer entries to eliminate this injustice.

Under my plan both spouses are paid up front and, if they wish to then pool their resources for houses, travel, cars, etc., they certainly can do so. With two separate checks coming in they will, however, be reminded with every payday of the significance of the fact that they had both worked equally for the money, even if only one party actually went to his employer's premises. Being so repeatedly reminded they will, naturally, be aware enough to be certain that they keep records of any pooling of assets for the above mentioned expenditures, failing which their distribution in a divorce will be governed strictly by title or possession. Actually this would not require any additional action at all by the court to implement!. This is, obviously, vastly superior to the present system which seems intentionally designed to confuse the issue of the equal contributions of both parties to the creation of the income and, in doing so, create opportunities for forensic accountants and lawyers to enrich themselves in a divorce and even for gold diggers---of both genders---to grab more than they are rightly entitled to!


My proposal is not about the distribution of assets in a marriage after the assets have been acquired, which the parties to the marriage can do as they wish, but about keeping distribution of marital property equitable at the time of its acquisition. Confusion in this area is the source of all of the lawyer-enriching arguments and strife in the property division stage of a divorce! My proposal totally eliminates this entire stage of the divorce, as the parties go into it with all property already divided!