05/14/2026
đź’ˇ Mediation Tip of the Week đź’ˇ
One of the most common misconceptions I see in divorce mediations across jurisdictions:
“If the account is only in my name, it automatically belongs only to me.”
Not necessarily.
Whether it’s a retirement account, brokerage account, investment portfolio, or savings account, the name on the statement does not always determine whether some or all of the asset is considered part of the marital estate.
In equitable distribution states, courts often look beyond title and examine:
✔️ When the asset was acquired
✔️ Whether marital funds contributed to it
✔️ Appreciation during the marriage
✔️ Commingling of assets
✔️ Contributions made by either spouse
And in community property states, assets and debts acquired during the marriage are often presumed to belong equally to both spouses regardless of whose name appears on the account.
These misunderstandings can create unnecessary conflict and stall productive settlement discussions.
One of the advantages of mediation is creating space for both parties to better understand the financial landscape before positions harden and litigation costs escalate.
Informed conversations often lead to stronger resolutions.
