Trouble For Homemakers?
In a 13-page decision handed down recently by the Tennessee Supreme Court, a wage-earning husband gets to keep $1.7 million in stock. His homemaker wife gets nothing.
The reason given by the court: the husband didn't do anything more than hang on to the stock, which was given to him by his father. The court ruled that the husband didn't "substantially contribute" to either the stock's preservation or appreciation in value and therefore doesn't have to share it with his wife.
What isn't clear is the effect of the decision.
Some say it's precedent-setting, that it will substantially affect stay-at-home spouses and that it goes against the laws created to protect homemakers.
Others contend that the ruling was made within existing guidelines and that it's too early to tell if the decision will substantially affect how property is divided in divorce cases.
The case is a departure from state laws that automatically considered the homemaker's contribution to a marriage, said Marietta Shipley, a former circuit judge for 16 years and president of the Mediation Group of Tennessee.
"The fact that she ran a household generally gives her enough of a quality reason to be entitled to it," Shipley said. "This does set a precedent."
State laws and amendments make distinctions on what is separate property such as inheritances, and property acquired before marriage from marital property.
For instance, Shipley said that if a wife owns a rental property and she collects the rent and pays the property taxes on her own without using that money in her marriage, it's not considered marital property. But if the husband trims the hedges and mows the lawn, he substantially contributed to the asset and is therefore entitled to a share.
My opinion of this story isn't going to make me popular with homemakers. First I should say that I used to be a homemaker and can sympathize with the need for equality during divorce for spouses who have stayed home, helped raise children, further a spouse's career and maintained the home environment.
That isn't what we are talking about here though. This particular woman didn't "substantially contribute" to either the stock's preservation or appreciation in value and therefore doesn't have a right to any portion of it.
This is not wealth earned, it is wealth given to her husband, not her and her husband. I'm betting she would be singing a different tune if her father had gifted her the stock. Would she feel her husband had a right to share in wealth he had done nothing to earn? I doubt it seriously!
No one is "entitled" to or owed anything they didn't directly put effort into earning or help earn. Nothing spoils a good divorce like a sense of entitlement folks!
Issues Surrounding The Distribution Of Marital Property

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