In a divorce this can be a critical aspect of the law suit.
For many men, they work 20 or 30 years at a job, only to find that their wife, who is divorcing them, is entitled to an "equitable division" of the marital property, which includes their pension and retirement, as well as the rest of the "marital" property. For women, they may find that their husband has emptied the retirement savings and there is no more. The case scenarios are endless!!
As lawyers, our job is to determine what a judge may decide is equitable. Our first step is to identify exactly what is marital property. Generally speaking, your average attorney may tell you that this is 1/2 of the marital assets. Not so fast my friend. An equitable division is based on numerous factors, and a good attorneys will point these factors out to the trial judge. So, if you're the husband or the wife, you will be fighting to ensure that you receive your equitable share, based on your contributions to the marriage.
The side you're on will determine your legal argument. As an attorney our job is to present these facts in a light most favorable to our clients. Twenty-five years of experience helps us to know what to do and how to do it. We've represented both men and women. The conduct of the parties can be extremely important in an equitable division case--so behave yourself!
