Divorcing women need to make sure they have the correct information about separating assets when proceeding with their divorce. There are certainly false impressions of separating finances. Women going through a divorce often do not realize that they are entitled to more assets than what their husbands probably led them to believe.
Unfortunately, many husbands will lead their wives to believe that they should not have any part of his 401(k) since she has nothing to do with his job. Also, stocks in the company will be challenged since those came strictly from him being part of the company. Women have to be meticulous when picking out all the assets between their husbands. There are common things that may not be under her name but should be evaluated as part of the marital assets.
It is important to recognize the difference between separate property and marital property. Generally, separate property is restricted to 1) property that was owned by either spouse prior to the marriage, 2) an inheritance received by either spouse, before or after marriage, if not commingled or merged with marital assets, 3) a gift either spouse receives from a third party, 4) money received as the “pain and suffering” part of a personal injury judgment, and 5) property designated as separate as per a prenuptial/postnuptial agreement. Everything else that is not a part of the list are items and assets that both husband and wife have collected during marriage, which is considered marital property.
Divorce settlement negotiations are very tricky and it is good to educate yourself of all the things you have a right to. Make sure that you are doing everything in your best interests, and not your ex. The best practice is to fully disclose all the assets you and your spouse share.
Please consult a family law attorney to evaluate your specific situation.