Can You Divorce Without Splitting Assets?

Divorce can be an emotionally and financially taxing process. One of the most significant concerns for many individuals going through a divorce is how assets—such as property, savings, and investments—will be divided. But is it possible to divorce without splitting assets? 

The answer depends on several factors, including the jurisdiction in which the divorce occurs, the couple's specific circumstances, and the nature of the assets involved. If you live in Beverly Hills, California, the Law Office of Karen S. Brown is here to help you handle your divorce.

Asset Division in Divorce

When a couple decides to divorce, one of the first major hurdles they typically face is the division of assets. These assets can range from real estate, personal property, and bank accounts to pensions, investments, and business interests. 

Family law often refers to how these assets will be divided between the spouses, and whether the division should be done fairly, equally, or in another way. In many jurisdictions, the law considers marital assets to be those acquired during the marriage. This means that assets obtained before the marriage or through inheritance may not be subject to division. 

However, this isn’t always straightforward, and courts may examine how these assets were treated during the marriage to determine whether they should be shared. In some cases, assets that initially seemed separate may become joint property if they were commingled or if one spouse contributed to their growth.

In situations where there are no significant assets or the couple agrees not to split them, the divorce process could be simpler. However, asset division is rarely free of complications, particularly in long-term marriages or where substantial wealth is involved.

Can You Divorce Without Dividing Property?

The possibility of divorcing without splitting assets depends heavily on the laws of the state or country in which the divorce takes place. Some jurisdictions may allow a divorce without asset division under certain circumstances, while others have rules in place that almost always require a division of property, regardless of the couple’s wishes.

In community property states, for example, nearly all property acquired during the marriage is considered to be jointly owned by both spouses. In these states, the presumption is that assets will be divided equally unless there is a compelling reason not to do so. 

If a couple in such a state divorces and there’s a question about who owns what, the court may require the assets to be split, regardless of the spouses' desires. In contrast, equitable distribution states follow a different approach. Here, the law requires that property be divided fairly, though not necessarily equally.

A court will consider factors such as the length of the marriage, the financial and non-financial contributions of each spouse, and any other relevant circumstances. In these cases, it may be possible for the couple to agree on how to divide their assets outside of court, as long as both parties are satisfied with the outcome. 

However, if the parties cannot come to an agreement, the court will decide based on fairness.

Some couples may wish to forgo splitting assets entirely, especially if they have no significant property or wealth to divide. 

If both parties are in agreement, and the assets are minimal, they may decide to keep things simple and go their separate ways. In this case, asset division might not be necessary, but both individuals should seek legal advice to make sure that no legal obligations are overlooked.

Waiving Asset Division in Divorce

In certain cases, a couple may agree to waive their rights to asset division altogether. This can be done through a prenuptial or postnuptial agreement, which outlines how assets will be divided in the event of a divorce. In these cases, the terms of the agreement may supersede the default rules of asset division in the jurisdiction, provided that the terms are fair and legally binding.

If a prenuptial or postnuptial agreement specifies that no division of assets will occur, the court may uphold that agreement. However, even with such an agreement in place, there are limitations. Family law doesn’t typically allow one party to waive their entitlement to certain types of property, especially if doing so would create an unfair or inequitable situation. 

For example, if one spouse gave up their rights to property division in order to protect the other spouse’s wealth, the court might intervene if it believes that the agreement was unfair or coercive. In some cases, a spouse might agree not to claim any portion of the assets to avoid lengthy negotiations or court involvement. 

However, this can create problems if one spouse later decides to claim their share after the divorce has been finalized. If asset division has already been decided, a court might revisit the matter if one party claims they were misled or coerced into waiving their rights.

Considerations for Divorce Without Asset Division

Even if a divorce appears to be straightforward with minimal or no assets, there are several considerations to keep in mind. For one, some assets may not be immediately obvious. It’s important for both spouses to disclose all assets to each other, including bank accounts, retirement savings, investments, and even hidden assets like collectibles or family heirlooms. 

Failure to disclose assets can lead to legal complications down the line, potentially resulting in the court revisiting the divorce settlement. Another important consideration is spousal support or alimony. Even if the couple decides not to divide assets, one spouse may still be entitled to spousal support, especially if they have been financially dependent on the other during the marriage. 

Family law provides for the possibility of spousal support in certain cases, such as when one spouse is unable to support themselves after the divorce due to factors like age, health, or the length of the marriage.

If a spouse is entitled to spousal support, this can complicate the decision not to divide assets. In many cases, spousal support is designed to allow the lower-earning spouse to maintain a similar standard of living post-divorce. If asset division is waived, the court may be more likely to order spousal support to compensate for the lack of financial resources.

Enlist Experienced Legal Support Today

While it may be possible for some couples to divorce without splitting assets, this isn’t always the case. Local family law, the nature of the assets, and the specifics of the marriage all play a role in determining whether asset division can be waived or avoided.

However, even in cases where asset division is minimal or non-existent, there are other factors to consider, such as spousal support and disclosure of assets. For those who are uncertain about whether they can divorce without dividing assets, consulting with a family law attorney is a wise decision. 

A professional can provide insight into the specific rules of the jurisdiction, guide the couple through the divorce process, and help see that all legal obligations are met. Regardless of the situation, family law aims to protect the rights of both spouses and make sure that any divorce settlement is fair and equitable.

Choose an Attorney You Can Trust

Are you in need of a family law attorney that serves clients throughout California, including Beverly Hills, Santa Monica, Culver City, West Hollywood, Los Angeles, Glendale, Pasadena, Torrance, Long Beach, Orange County, and beyond? Turn to the Law Office of Karen S. Brown; call today.