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  • from 美国,the user search at 2020-06-28 02:52:33


Information on Immigration, Investment, Education and Residence
After immigrating to the United States, if divorced, how will property be divided?
How much is alimony?
Expert answers:
Types of divorce property division in the United States The United States Marriage Law stipulates that there are two types of property division in divorce, common property division and fair property division.
Ten states, including California, Arizona, Washington, Texas, Iowa, Louisiana, Nevada, New Mexico, Wisconsin and Puerto Rico, all share common property divisions.
Other states adopt a fair division of property.
Common property division:
This way of property division is to divide the common property of both men and women after marriage equally, one person in half.
Whoever's property in a marriage, who earns the money until the divorce, should be equally divideD.For example, in real estate, the court usually awards the house to the child-rearing party, and then calculates the price by combining the current market value to award half of the money to the other party.
In the case of the division of common property, we should first determine which part of "common property" is.
Family assets include income, savings, bank or investment accounts, real estate, automobiles and gold, silver and jewelry.
Like China, the main division is the common property after marriage, while the pre-marital property and personal property after marriage are not within the scope of division, who is or who is.
Needless to say, premarital property is personal income savings before marriage.
Generally, notarization of premarital property before marriage is to clarify the uniqueness of premarital personal property.
After marriage, personal property is easy to be confuseD.According to the Chinese concept, after marriage, two people are a whole.
You are me, and I am yours.
Do you want to divide them so clearly?
But the independent side of American personality is also reflected here.
After they get married, they can still open their own accounts separately, and carry out the AA system of life.
The "parents and husbands clear accounts".
There are also gifts received by individuals after marriage, personal inheritance belongs to individuals, which are not included in the common property, will not be divided equally.
Fair division of property:
In most states of the United States, the law of equitable division of property is still in force.
Fair division of property is not simply divided into two parts, nor is it so equal.
It takes into account many factors:
age, physical health, education, income, ability to work, contribution to the family, time to raise children, and personal income after divorce.
Of course, there are divorce reasons to take into account, and then calculate a fair division criteria for both parties.
At this time, it is not uncommon for one party to take more and one party to take less.
Property segregation protects women:
Although there is no point in favor of women in the above two cases of property division, some facts in reality reflect this trend.
In the case of the division of common property, no matter who earns the money evenly, most American women choose the life of housewives after marriage and childbirth, keep housework and take care of their children at home, and devote most of their energies to the things at home, while most of the men work outside, and most of the family's income comes from men.
These incomes are shared equally with women in divorce.
In the case of fair division of property, considering that in most families, women are in a weak position and may not be able to earn as much as men, women will also be given more points in the division of property.
Of course, there is a kind of people in the world called strong women, who are more capable of working than men.
If the woman earns more and the man is the one who does not work, the division of property will also consider this situation, but this situation is still a minority.
Negligent divorce suffers enormous losses:
Divorce can be divided into negligence and non-negligence according to the different reasons.
Non-negligence means that two people divorce because they want to be separated and can not go together, not because one party has made a mistake; negligence means that one party in the marriage has derailed behavior, one party has violence and abuse to the other party.
If it is a negligent divorce, it will not only accept the penalty of imprisonment, but also give more property to the victim when the divorce property is divideD.For the perpetrator, the property will be reduced or even can not be shareD.In the United States, however, this is still mostly the case with men.
Tiger Woods, a well-known golfer in the United States, divorced because of a sex scandal and paid a breakup fee of up to $100 million.
Alimony Alimony is a way of subsidizing the disadvantaged after divorce.
Since most American women will focus more on their families after marriage, they will become housewives.
In this case, divorce, the woman is likely to face no work and no income situation, when the man to pay alimony to the woman to provide some living security.
Alimony can also be divided into transitional and lifelong payments, mainly for different periods of time, ranging from 2 to 5 years; there are also time-bound payments.
The time to pay alimony is determined by the length of marriage and physical condition.
Perennial payment of alimony is also a large expenditure, which will bring pressure to students.
Alimony In many cases, divorce is inseparable from the issue of child rearing, which is also the focus of many marital disputes.
The United States attaches great importance to the protection of children's interests.
U.S. law requires that even parents who divorce give their children the financial support they deserve (children under 18 years old, some states are 19 years old).
As for children after divorce
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