When important decisions about child custody, asset division, and spousal support are on the table, every overlapping consideration must be accounted for. Among these important considerations, the duration of your marriage can have a significant impact on the final divorce agreement.
To prepare for the financial, child care, and other divorce variations that can be affected by your marriage length, here are some time-related outcomes that may apply to your situation.
Division of Assets
Division of assets can be a hot topic that catches many individuals off guard if they are unfamiliar with common court rulings. In general, the longer you and your spouse have been together, the more likely it is that a decision favoring the more dependent spouse will be reached. This decision often comes down to the earning capacity of that partner. Since the more dependent partner may have been out of the job market for years or their career prospects are limited, it’s only natural that they will need more support to maintain a decent living.
Since shorter marriages are often less entangled or financially dependent on each other, an even split is the more likely result. Of course, there is no cut-and-dry asset division situation, and you can avoid any unexpected asset division court decisions by managing the asset division process with divorce mediation instead.
During our neutral and compromise-focused sessions, we’ll help you identify the facts of your financial situation and organize a concise agreement that protects the interests of everyone involved with the divorce or separation. Instead of hoping that the courts reach a fair decision or fighting with costly lawyers, we believe that calm and compromise-focused discussion are the best path to amicable divorce agreements.
Child Care & Custody
In NY, divorce agreements that protect the child’s best interests guide all major decisions. And, how marriage length relates to the child’s best interests can vary significantly from couple to couple. In general, the primary caregiver responsibilities will be awarded to the individual who is better prepared to support the child. Since a child’s well-being is tied to everything from transportation and housing, to emotional support and parental mental health, these relevant factors will outweigh factors relating to marriage length alone.
Prepare for Other Important Aspects of the Split
Aside from reaching fair decisions regarding asset division and child custody agreements, it’s equally important to prepare for other details like the emotional complexities, family dynamic changes, and other easily overlooked life changes. After the dust settles, how will your family find the emotional support they need? As you transition into your new life apart, how will you stay connected with shared friends and manage family gatherings?
Regardless of marriage length, it’s never easy to move forward when you’re trying to do it alone. Instead of fighting in court or wondering how you will manage the countless changes, get in touch with our caring mediators and we’ll help you find a better way forward.