The divorce process takes into account not only the assets of the couple when regulating the division of their property, but also the contributions made by each spouse to these assets. The contributions of the spouses in the division of property can be considered under two main headings as financial and moral contributions. In this article, we will examine in detail how to calculate the financial and moral contributions of the spouses in the division of property.
1. Calculating Financial Contributions
Financial contributions are the financial contributions made by the spouses to their joint assets during the marriage. These contributions include direct financial investments and income.
a. Income and Savings
Joint Income: The joint income earned by the spouses during the marriage plays an important role in the division of property. These incomes include salaries, business income and other financial gains.
Savings and Investments: The savings, stocks, real estate and other investments accumulated by the spouses are also included in the financial contributions. These savings are considered as part of the joint assets during the divorce process.
b. Debts and Liabilities
Joint Debts: Loans and other debts incurred during the marriage affect the financial contributions of both spouses. The division of debts requires the calculation of the contributions of both spouses to these debts.
Financial Liabilities: The joint financial liabilities of the spouses, such as paying off the mortgage, are a significant factor in the financial contributions.
c. Evaluation of Financial Contributions
Average Division: The financial contributions of the spouses in the division of property are usually determined by evaluating their financial situation and contributions. This evaluation includes income, savings, and debts.
Investment Value: The value of the financial investments made by the spouses is determined and these investments are taken into account in the division of property during the divorce process.
2. Calculation of Non-Financial Contributions
Non-Financial contributions are the non-financial but valuable contributions made by the spouses to their assets. These contributions have helped to sustain the marriage and increase the assets.
a. Housework and Child Care
Housework: A spouse’s contribution to housework and family care is generally evaluated beyond financial contributions. These contributions include efforts to keep the house in order and support the family.
Child Care: The time and effort spent on the care and education of children are included in spiritual contributions. These contributions are important for maintaining balance within the family.
b. Personal Support and Contribution to Workforce
Personal Support: The personal support that spouses provide to each other is evaluated as spiritual contributions such as morale and motivation. This support contributes to the sustainability of the marriage and work force.
Contribution to Workforce: The support that one spouse provides to the other spouse’s work force, such as the support provided by the spouse who stays at home on workdays, is considered among spiritual contributions.
c. Evaluation of Spiritual Contributions
Determination of Contributions: Spiritual contributions are generally determined by documenting the support and contributions that spouses provide during the marriage process.
Evaluation: Spiritual contributions, although not as tangible as financial contributions in property sharing, are important for a fair share. These contributions are evaluated during the divorce process and shared according to the spouses’ rights.
3. Evaluation of Financial and Spiritual Contributions Together
Financial and spiritual contributions are evaluated together in the division of property. This evaluation ensures that the contributions of both spouses are calculated and shared fairly.
a. Calculation of Total Contributions
Financial Total: The financial contributions of the spouses are calculated by considering income, savings and debts.
Spiritual Total: Spiritual contributions are determined by factors such as housework, childcare and personal support.
b. Fair Sharing
Financial Justice: The fair sharing of financial contributions is made according to the financial situation and contributions of both spouses.
Spiritual Justice: The efforts and support of the spouses are taken into account, taking into account spiritual contributions.
4. Legal Framework and Agreements
The sharing of the financial and spiritual contributions of the spouses is regulated according to the legal framework. This framework ensures that a fair and balanced sharing is achieved.
a. Marriage Contract and Property Regimes
Separation of Property Regime: In this regime, personal contributions are generally not shared and each spouse’s assets are separate.
Participation in Acquired Property Regime: In this regime, assets acquired during the marriage are considered joint. Financial and moral contributions are also taken into account in this sharing.
b. Agreements and Court Decisions
Agreed Solution: The spouses can reach an agreement on the sharing of financial and moral contributions. This agreement is documented in writing and approved by the court.
Court Decision: If an agreement cannot be reached, the sharing of contributions is determined by the court. The court makes a fair decision by taking into account the contributions of both spouses.
5. Practical Tips and Recommendations
You can pay attention to the following tips when calculating and sharing financial and moral contributions:
a. Comprehensive Documentation
Documentation: All documents and records regarding the financial and moral contributions of the spouses should be kept regularly. These documents play an important role in the sharing process.
b. Professional Support
Legal Consultancy: Receiving legal consultancy in calculating financial and moral contributions ensures that the process is carried out more fairly and within a legal framework.
Financial Consultancy: It may be useful to get help from financial experts in evaluating financial contributions.
Accurately calculating the financial and moral contributions of the spouses in the division of property is critical for a fair and balanced sharing. Taking both types of contributions into account contributes to a more fair and orderly divorce process. Professional support and comprehensive documentation ensure that this process is carried out successfully.