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Divorce in the UK – Getting More Than Half If You Are A “Genius”

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When it comes to dividing marital assets in a divorce, the states in our country do not all do it the same way. Some states follow community property laws while others, like Georgia, use equitable distribution. Under equitable distribution, marital assets are divided equitably (i.e. fairly, considering the circumstances of the case), not necessarily equally. Goldstein v. Goldstein, 262 Ga. 136 (1992). This means that the court will consider all aspects of the case, including the conduct of the parties, length of the marriage, contributions to the family unit, and contributions to the marital assets, in determining how the marital property should be divided between the parties. 

The United Kingdom handles the division of marital assets in an interesting way. There, the presumption is that marital assets are to be divided 50-50 between the spouses. However, a spouse can be granted more than half of the combined marital assets if he/she can prove his/her contribution to the marriage was “wholly exceptional.” Judges reject US banker’s claim to be a genius in divorce case, by Rupert Neate, theguardian.com, April 11, 2017. In the case discussed in the article, the Judge struck down the husband’s claim that he should be entitled to more than half of the marital estate. According to the Judge, “A successful claim to a special contribution requires some exceptional and individual quality in the spouse concerned. Being in the right place at the right time or benefitting from a period of boom is not enough.” Thus, simply being good at your job and making a lot of money will not be sufficient. A Manchester United star is currently also trying to prove that his marital contribution is “wholly exceptional.” Ryan Griggs divorce: ex-footballer to argue his genious before high court, by Rupert Neate, theguardian.com, April 15, 2017. However, he will likely have to prove that he is somehow more exceptional than anyone who has ever played, not simply that he is good at what he does.

The “exceptional contribution” argument first came to fruition in a 2001 divorce case where an entrepreneur husband came up with an idea for a bin liner. In that case, the court awarded him 62% of the marital estate because “his contribution, in terms of entrepreneurial flair, inventiveness and hard work, was truly exceptional.” However, it seems that, since that case, this is not an oft successful legal argument. Being financially successful, even when your spouse is a homemaker, will not qualify you for a larger portion of the marital estate. Something more “exceptional” is required.

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