How to divide the assets

[Juliana_ding]

Hi
I am a Taiwanese wife married to an American husband.
We are discussion about getting a divorce now.
Not sure what is fair to divide the money. Of course he wanted to pay as less as he can.
I am now living in the US and he is now working in Hong Kong.
I never got a chance to know how much he put in the saving and how much he really make a month but he is a lawyer.

We got married in Taiwan before moved to the US to get his law degree.
Do I need to do anything besides go back to Taiwan to sign the paper?

Any suggestions are appreciated.

Thanks

[Northcoast Surfer]

Hi
I am a Taiwanese wife married to an American husband.
We are discussion about getting a divorce now.
Not sure what is fair to divide the money. Of course he wanted to pay as less as he can.
I am now living in the US and he is now working in Hong Kong.
I never got a chance to know how much he put in the saving and how much he really make a month but he is a lawyer.

We got married in Taiwan before moved to the US to get his law degree.
Do I need to do anything besides go back to Taiwan to sign the paper?

Any suggestions are appreciated.

Thanks

Why is it that he needs to pay anything? What's the reason you think that he would owe you anything?

The best way is for you to keep what you own and for him to keep what he owns. Any income earned from his employment should be his, and any employment you have earned should be yours. That way you both have a responsibility for the failed marriage and neither you or he owes the other anything.

[Redmenace]

Why is it that he needs to pay anything? What's the reason you think that he would owe you anything?

The best way is for you to keep what you own and for him to keep what he owns. Any income earned from his employment should be his, and any employment you have earned should be yours. That way you both have a responsibility for the failed marriage and neither you or he owes the other anything.

I couldn't agree with you more Northcoast Surfer. Unless there's kids involved, or one partner made a significant sacrifice for the other, why on Earth should one be entitled to their partner's assets if a marriage doesn't work out?

[ironlady]

Um...right.

The OP is Taiwanese. She is now in the US. I am assuming (perhaps wrongly, though) that she left Taiwan and immigrated to the US because of her husband. She would have left behind job opportunities, social support networks, and all sorts of things to do this.

She was placed in a country where she was not fully fluent in the language (judging from the post style). That impacts her job opportunities and earning potential negatively. Her husband, on the other hand, was a lawyer, and presumably proceeded ahead with his career path, saving money as he went along.

And it would also be worth asking who worked while he was in law school, to keep food on the table?

None of this sounds like a "significant sacrifice" to you? Sheesh.

She is simply asking if there is a reasonable way to divide the marital assets.

I sincerely hope she got a green card or hopefully a US passport out of this mess.

[tomthorne]

Obviously the OP requires legal advice not opinion.

However, it's always seemed fair to me for all assets gained by both partners from the point of marriage to be split 50:50. Marriage is a partnership and if a business partnership broke up this is what would happen. I can't see why any other argument ever seems to prevail, although they often do.

[TainanCowboy]

However, it's always seemed fair to me for all assets gained by both partners from the point of marriage to be split 50:50.

In many U.S. states this is the gist of the law, assuming(!) no children, business entanglements or pre/post-nuptial legal agreements are in effect.

As California is a popular destination point for many Taiwanese, if she is located there she will find the "laws" very favorable to her if a "No-Fault" divorce is pursued.

As I see it, which is always subject to correction, the main problem is two-fold:
1 - She is in the USA and her soon-to-be ex-spouse is in Hong Kong. This is going to be a big stumbling block and make enforcement of any proceeding very difficult no matter how this is adjudged.
2. She is dealing with a legal professional. This means she needs a similar counter-part on her side.

Juliana_ping, get as much good, solid legal advice ASAP!

You might also consider whether it is better for you (and children if any are involved) to move back to Taiwan for the proceedings.
Also, if children are involved, please think of how any actions and words spoken by by both if you during this will possibly affect them as they grow up.

Remember - He is the legal pro...You are not. Don't ask for more than you are due - But try for a disposition that You will not regret in the future.

...and forget any concepts of "Fair." Equitable is what should want. Look it up in a legal context.

And use any "internet advice" as a starting point...Not a final solution.

Best Luck to All involved.

[Huang Guang Chen]

Agree with TC and Ironlady here. A marriage is in effect an economic unit, unless you've decided to split finances, even then, the odds are high one partner will be disadvantaged.

Just to add to TC's list of possibilities. You might also consider filing for divorce in HK. There have been some very recent and decent improvements to the lot of woman divorcing a spouse here in HK.

One distinct benefit may be that for US tax reasons, he has mechanisms established in HK that mask his true earnings to the US IRS. These will come out in the wash if the case was processed in HK, but might not in the US, obviously.

Some general info on US citizens filing for divorce in HK
http://hongkong.usconsulate.gov/acs_divorceinhk.html

Obviously, you need legal advice, and soon. As your partner is a lawyer, he could attempt to file for the divorce somewhere that most benefits him, and least benefits you. You may wish to get the jump and get him into a court that is more sympathetic to you, whether that's the US, Taiwan or HK. Oddly enough, if it entails China in anyway, you may even get a better deal there.

HG

[Northcoast Surfer]

The OP is Taiwanese. She is now in the US. I am assuming (perhaps wrongly, though) that she left Taiwan and immigrated to the US because of her husband. She would have left behind job opportunities, social support networks, and all sorts of things to do this.

She was placed in a country where she was not fully fluent in the language (judging from the post style). That impacts her job opportunities and earning potential negatively. Her husband, on the other hand, was a lawyer, and presumably proceeded ahead with his career path, saving money as he went along.

And it would also be worth asking who worked while he was in law school, to keep food on the table?

None of this sounds like a "significant sacrifice" to you? Sheesh.

She is simply asking if there is a reasonable way to divide the marital assets.

I sincerely hope she got a green card or hopefully a US passport out of this mess.

Iron Lady, as always, you bring up excellent counter arguments and extremely valid points of support. However, if we change the parties of the story to an American man moving to Taiwan to be with his Taiwanese wife with the man making all the sacrifices of moving to a foreign country, leaving his established support networks behind, not being fluent in the Chinese or Minnan languages, impacts on job opportunities and and negative earning potential, we would still have the same situation. A looming divorce with the Taiwanese woman believing that she is owed a certain amount of money by the husband. Why? Why is that? Why is it never the Taiwanese woman owing the man for his sacrifices? The OP most assuredly has benefited through the marriage by getting at least a US Green Card with the available path to citizenship without the need give up her Taiwanese citizenship, something an American man can never acquire simply by marrying a Taiwanese. Upon divorce, the Taiwan green card (JFRV ARC) is invalid, and there is no path to citizenship without first renouncing US citizenship.

As you, T.C., Tomthorne, and H.G.C. have indicated, I, to, believe in an equitable divsion of marital assets (income and assets acquired during marriage only) upon divorce. But, I don't believe the OP is simply asking about a reasonable way to divide them, else she wouldn't have added her little zinger, "Of course he wanted to pay as less as he can." Which brings me back to the original issue I had with the OP's OP. Why should either of the partners need to "pay"? If they can't come to an agreement on their own as to the division of their assets, then they should each get a lawyer to represent their own interests and allow a judge to decide. The reason a judge is needed is because one of the partners in the relationship has a different idea as to what is fair and equitable. Since the OP has no idea of what kind of savings or assets they have, she should get an attorney to represent her so they she can take her husband to the cleaners and take him for every penny she can get her hands on. After all, he owes her, right?

[steelersman]

Iron Lady, as always, you bring up excellent counter arguments and extremely valid points of support. However, if we change the parties of the story to an American man moving to Taiwan to be with his Taiwanese wife with the man making all the sacrifices of moving to a foreign country, leaving his established support networks behind, not being fluent in the Chinese or Minnan languages, impacts on job opportunities and and negative earning potential, we would still have the same situation. A looming divorce with the Taiwanese woman believing that she is owed a certain amount of money by the husband. Why? Why is that? Why is it never the Taiwanese woman owing the man for his sacrifices? The OP most assuredly has benefited through the marriage by getting at least a US Green Card with the available path to citizenship without the need give up her Taiwanese citizenship, something an American man can never acquire simply by marrying a Taiwanese. Upon divorce, the Taiwan green card (JFRV ARC) is invalid, and there is no path to citizenship without first renouncing US citizenship.

For all we know the OP might have been the one that initiated the move to the US.

[pgdaddy1]

Ditto to everything North Coast Surfer said. He speaks a lot of sense, as usual.

OP, you seem to be looking for a "quick-fix" solution. It's not like that. If your husband won't agree to giving you what you want from his assets, and you are not happy with this, then you need to go to court. And the judge will (hopefully) make a reasoned decision based on the facts of your situation. What we think ultimately doesn't matter, but if you really want us to give you an opinion on what you deserve from your husband, you need to give us the facts. What financial sacrifices did you make in getting married and moving to the USA ? Are you in employment now and able to support yourself ? Any children ? (I hope not.) What payments did he make during the marriage other than maintenance e.g. to augment your savings and to support your family back in Taiwan ? What were the circumstances surrounding the break-up of the marriage ? Who initiated the break-up, were there extramarital affairs or mistreatment by either party ? That kind of thing.

The kind of vibe I got from your brief post is "I am a poor Taiwanese girl who gave up everything to marry a rich lawyer and go to the USA, he treated me badly then ran away to Hong Kong, so I deserve to have some of his money." That may or may not be the truth, but there are always two sides to every story. Some of us here have been on the other side and it wasn't easy for us either !

So please get back to us with a few more details. I am always interested to hear stories like your because it helps me make sense of what happened to me.