After the new judicial interpretation of China's marriage law was released recently, it immediately aroused heated discussion in society, focusing on the division of family property after divorce. Family is the most basic cell of society, and marriage is the basic means to maintain family. People have saved two yuan a nest all their lives and want to run towards a well-off life. The divorce was futile for the rest of their lives. China people's wealth is mainly concentrated in the house, so the most heated discussion among the people is how to divide the house after divorce. Americans have a high divorce rate, and divorce naturally involves the division of family property. In general, the balance of family property division is more inclined to women. Three characteristics of American Marriage and Divorce Act. American marriage law is called "Marriage and Divorce Law". I didn't expect divorce when I got married, and I was short-sighted; It's really ulterior motive to think about divorce after getting married. Whether they are short-sighted or have ulterior motives, they are actually staring at one thing, how to divide this property when divorced. Divorce and property division in the United States are not only about dividing houses, but also everything contained in family property. Mainly includes: income, dividends, bonuses, savings, real estate, bank and investment accounts, yachts, cars, antiques, gold and silver jewelry, etc. Sharing money is easy to say, but there are two things that are most easily entangled. Who is the child with? Who pays child support? What about the house? You can't split the house in two. That's the big problem. Therefore, the "Marriage and Divorce Law" in the United States has three characteristics: one is to protect the interests of children to the maximum extent, the other is to tilt the balance of property division to women, and the third is to punish men who cheat and have extramarital affairs. * * * When it comes to marriage, people are used to the supremacy of love, and people believe that love is the foundation of marriage. But marriage is more than that. In modern society, people also pay attention to the legal issues of marriage, especially the family property. In order to protect the integrity of the family, especially the rights and interests of women, there are 10 States in the United States that implement the legal protection of "* * * the same property" for married family property. This 10 state includes Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Alaska. Although "* * * has property", it requires the consent of both men and women. In these States, after a man and a woman get married, whether one of them works or not, the property, money or debts obtained by both men and women during the marriage belong to both parties. There are still 40 States in the United States that implement fair property laws. During marriage, whoever earns money and accumulates property belongs to whom. But in divorce, not according to who owns how much property, but considering many factors. The 50 States in the United States are divided into two factions in family property law, and divorce property division is also two ways to deal with it. In the state where "* * * owns the same property", it is quite simple for couples to divorce by * * * property division. I don't want to live, no problem. After marriage, the family property is divided equally between men and women. California is one of the states that have implemented the law of "property ownership", and former Governor Schwarzenegger is the most outstanding representative who personally implemented this law. Lao Shi had an affair and his wife filed for divorce. If you don't say anything, you will get half of all your property. The mansion at home was bought by Lao Shi, who made a lot of money at home. But at the time of divorce, no matter how much Lao Shi earns than his wife, the property is not cheap at the time of divorce, and the accounts are unified, each taking 50%. In the state where the Fair Property Law is implemented, the division of property between men and women at the time of divorce is implemented in accordance with the Fair Property Division Law. It is not that divorced men and women share property equally, but that fairness is emphasized. What is fairness? There is knowledge in this, and in principle it cannot be unfair to women. According to the fair division law, the main factors to be considered are: age, physical condition, education level, disability, income of both parties, ability to earn money in the future after divorce, ability to acquire assets after divorce, special needs of dependent children, non-monetary contribution to family, length of marriage, contribution to family property before marriage, property jointly owned by non-husband and wife, appreciation of family assets, reasons for divorce and divorce. Divorce distribution protects women's rights and interests. Although there are two legal restrictions on the division of divorced family property in American States, no matter which law is used to divide family property, the general trend is to take care of the weak and women. Under the "common property" law, whoever earns money during marriage belongs to the joint property of husband and wife. After marriage, American women often become housewives and assume the responsibility of raising children. Most men work outside to earn money to support their families. Although most American women have jobs now, there is still a big gap in income compared with men. It is fairer to women to divide "* * * with property". Dealing with the family property of divorced men and women according to the fair division of property is not as neat as "common property", but it can fully consider the actual situation of both men and women in the family, which is beneficial to the weak. Of course, in the modern family structure, women are often at a disadvantage and their contribution to the family is generally less than that of men. However, women's non-monetary contribution to the family mostly exceeds that of men, which is conducive to women's demand for a fair division of family property. Since the property is not divided equally, it is possible that one party will get more and the other party will get less. If we look at all the factors considered in the above-mentioned fair division of property, under normal circumstances, the proportion of women obtaining property will be relatively high. Personal property is inseparable before marriage and after marriage. What I said above basically belongs to the problem of how to divide the property after marriage in divorce. In marriage, there is also the problem of how to deal with pre-marital property and post-marital personal property. In principle, individuals' independent property before marriage, income, rent, interest, dividends, pensions obtained before marriage, gifts received by individuals during the marriage, inheritance of personal inheritance, personal injury compensation, etc. It is still personal property, and one party can keep it unilaterally at the time of divorce, and cannot divide it according to "the same property". But in some special circumstances, these assets belonging to individuals may also be ruled that they can be divided to another party. For example, the spouse can't work because of age, health, disability and other reasons, and the marital debt exceeds the family assets. Divorced couples have no marital assets, but one party has a lot of personal assets and the other party has no personal assets. In this case, one party's personal assets may be taken out and divided. But sometimes, the personal property before marriage and the property after marriage will overlap, especially in most people's minds, men and women become a whole after they get married, and the money and property at home are divided between you and me, which is not a living. This is how the couple live, and those who don't want to divorce are forced to divorce. However, the United States still emphasizes the difference between dealing with personal property and joint property of husband and wife. For example, a husband and wife will deposit the money accumulated after marriage in a bank account, and a husband or wife may also deposit the money accumulated before marriage in the same account for shopping or even investment. When it comes to divorce, whose money is the husband and wife in the same account? In principle, the money that an individual put into the same account of husband and wife before marriage still belongs to personal property. As long as it can be proved to be personal property, such personal property cannot be divided by the other party at the time of divorce. In divorce, people think more about the division of property, but don't forget that they may still owe a lot of debts when they are alive, and the debts owed during divorce are also paid by both parties. Therefore, in order to avoid causing a lot of obscene things, even if they become husband and wife, many people in the United States still implement AA system in money. Although men and women get married and start a family in the United States, the laws of many States stipulate that whoever owes money will pay off the debt, and one spouse does not have to bear legal responsibility for the debt of the other. For example, credit card, if the account name is husband, then no matter how much debt the husband owes, the wife has no legal responsibility to pay back the money for her husband. Similarly, one party owes money before marriage, and the other party has no legal responsibility to pay for the other party after marriage. Therefore, in many families in the United States, couples often open separate bank accounts and apply for credit cards independently. In this way, once one party has a debt crisis, it will not affect the financial security of the other party. The divorce loss of men "keeping mistresses" is great in the United States. Divorce between husband and wife is not as simple as going to a restaurant. Divorce, whether by agreement or in legal proceedings, must go through a judge. Divorce can be divided into no-fault divorce and fault divorce. No-fault divorce means that the reason given by one party is not because the other party has done something wrong, such as keeping a mistress, raising a third child or the husband abusing his wife. Therefore, the most common reasons for no-fault divorce are: irreconcilable contradictions between the two parties, or irretrievable marriage. As long as this is the reason, the judge will rule that the divorce will take effect. Negligent divorce refers to the mental and physical pain caused by one party's behavior to the other party, adultery, abandonment of the other party by one party, and the need for one party to serve a certain period of time in prison. Husband's extramarital affair is the most important situation for most wives to apply for negligent divorce, so "keeping mistresses" is very risky in the United States. In negligent divorce, judges usually decide to divide more family property for the victims of negligent divorce. On the other hand, the division of "* * * has property" is also an indirect punishment for men's infidelity and extramarital affairs. There is a special reason for the high divorce rate in America. Once a wife finds out that her husband is having an affair, she will not submit to humiliation, and will generally file for divorce. The price paid by the playboy husband is that the family property will be divided in half. No matter how rich a person is, he loses half his property in an extramarital affair, which is not much. He was married twice and divorced twice in his life, leaving only a quarter of his hard-won legacy. Therefore, there is a classic secret in the wealth of the American rich. You only get married once in your life. Don't trip over women. Living with a wife and adult is "sexual happiness". Under the law of fair division of family property, the reasons for divorce have a great influence on the division of family property. No matter whether men and women have extramarital affairs during marriage or not, the division of family property during divorce may suffer a dumb loss, and if you want happiness, you have to pay the price. The woman can ask the man for alimony. In the United States, 95% of divorce cases are divorce by agreement, and less than 5% of divorce cases go to court. Divorce by agreement also needs the approval of the judge, who will pay attention to the division of family property when dealing with divorce by agreement to see if it causes unfair treatment to one party. For women, after divorce, they can not only divide the family property, but also ask the man for alimony. This fee is not automatically obtained by one party after divorce, but the law stipulates that the woman can claim alimony. The main reason here is that many women give up their careers after marriage and become housewives, taking full-time care of housework and children. In this kind of family, once divorced, women who give up their original jobs will immediately face financial crisis. The purpose of allowing divorced women and men to claim alimony by law is mainly to protect the life of divorced women. Of course, in the past, most men gave alimony to women, and now some women give alimony to men, depending on their income after divorce. There are two kinds of alimony: permanent alimony and transitional alimony. The payment of permanent alimony is not limited by time, but in the case of remarriage or death of the alimony provider, the court will make adjustments according to the situation and can stop paying or adjust the amount paid. Under normal circumstances, if the party receiving alimony finds a job, the party paying alimony has new family responsibilities after remarriage, or is disabled or unemployed, the court will reconsider paying alimony. Transitional alimony is usually paid for two to five years. During this period, the court encourages the party receiving alimony to learn labor skills, go out to work, learn to earn their own living and live independently. For the time to pay alimony, the judge mainly considers the age, physical condition and marriage length of both parties.