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What marital asset is often inadequately focused on in divorce?

On Behalf of | Jul 20, 2020 | Divorce

The term “marital assets” in a divorce often connotes fluidity just as much as it does a straightforward listing of divisible property to be apportioned between soon-to-be former spouses.

That is of course because any given divorce is flatly different from another. The family law realm comprises unique challenges and opportunities in every case, given the organic nature of families.

That is certainly the case concerning dissolution-linked property that must be accounted for. Some impending exes have little to be concerned with, while others are high-net-worth couples who command significant assets that are both many and diverse.

John Guy is a long-time legal insider and current judge who obviously spends much time thinking about family assets that loom large in divorce. Judge Guy recently penned an article voicing his concern that divorcing couples too often spend an inordinate amount of time focused on tangible money-generating property. They do so, he wrote, while “failing to consider the two most important familial assets.”

Guy stresses first what he calls the “post-divorce family dynamic.” The bottom line here: Divorce where kids are concerned might materially disrupt what has long been a status quo, but it does not dissolve a family. Mom is still mom, and dad, well, … the point is obvious.

That is this: Mothers and fathers need to act as civilly as possible with each other following a divorce. Kids are entitled to “an amicable, efficient and effective relationship between their parents.”

Which leads to this second point: That above-cited civility – as hard as it might sometimes be to cultivate or sustain – is crucial for children’s ongoing development and long-term well-being. It will enable kids to prosper in “a safe harbor” and ultimately become better parents themselves.