Will I Lose Everything in Divorce?

Will I Lose Everything in Divorce?

The answer is almost always no – and if at all it does happen, it happens in exceptionally rare situations. The following factors can help you understand just how much you stand to lose in a divorce:

  • Violating the essence/terms of a prenuptial agreement
  • The separate property angle
  • Your state’s property distribution laws
  • Extraordinary circumstances

General Note: Marital property includes real estate, income, and other assets acquired, and debts obtained, during the marriage and before separation. According to state laws, this is the property that is distributed among the spouses after the divorce.

Violating the Essence of a Prenuptial Agreement

A prenuptial agreement specifies the terms that govern the division of property, debts, and alimony in the event of a divorce. If the prenuptial agreement is executed properly, it takes precedence over your state’s property distribution laws, and the property is split according to its terms.

However, if the terms of the prenuptial agreement are unfair, dishonest (one spouse hiding assets), in bad faith, or one-sided as of the date of signing, then the agreement may not hold up in the courts. For example, when a wealthy spouse signs a 50/50 property distribution term in the prenuptial agreement, and his/her spouse files for divorce within a very short period, demanding that he/she be awarded 50% of the common marital property as specified in the prenuptial agreement, then such a demand may be considered as a demand in bad faith or unfair by the courts.

To answer the question of this post: If you have not contributed to buying any asset in the marriage and are walking out of the marriage within a few months without any valid reasons, or if you have hidden assets acquired during the marriage, then you may have violated the provisions of the prenuptial agreement, and you may not be entitled to marital property when you seek to enforce the agreement. In this sense, you may lose your rights to the common marital property in a divorce. If you did not own any separate property before marriage, then you may feel that you have lost your share of the common marital property. Actually, it is a loss of gain you might have been expecting out of divorce.

The Separate Property Angle

Property owned before marriage, which remains in the spouse’s name during the marriage, is considered separate property. It also includes inherited property or valuable gifts received during the marriage but kept in one spouse’s name, or property purchased during marriage out of funds received from selling some other separate property. This separate property belongs to the original owner and is not distributed in a divorce.

Now, assume a rare occurrence – both spouses do not acquire any assets during the marriage, and one spouse files for divorce. In such a case, there is no common marital property available to be distributed, and so both spouses may be left only with the properties they originally owned before the marriage. In this example, a spouse may feel that he/she gained nothing out of marriage, and instead ended up paying expenses such as court filing fees and divorce attorney’s fees.

Your State’s Property Distribution Laws

State laws distribute marital property based on either community property distribution law or equitable property distribution law. Property is generally distributed on a 50/50 basis in states that follow the community property distribution law.

In states that follow the equitable property distribution law, the courts consider factors such as the monetary contribution of each spouse towards the property, intangible contribution of a spouse to the marriage, how much separate property is owned by each spouse, the spouses’ economic condition and income-generating capacity, and other factors before distributing the property on a fair and equitable basis. The distribution may not necessarily be on a 50/50 basis, but ends up being 50/50 in most cases.

In general and in a majority of cases, if the marriage is normal, and either spouse has not committed any serious marital misconduct, then he/she does not lose everything in a divorce.

Extraordinary Circumstances

Assume that a wealthy person with a lot of separate property has married someone who possesses a fraction of his/her wealth. Now assume that things come to a head after a year of marriage and the couple files for divorce. If the marital property acquired during the marriage is insignificant, then in such a case the courts can award all the marital assets to the less fortunate spouse – the wealthy spouse may lose a 50% share of the common marital property, which would anyway be insignificant for him/her. To emphasize, while this could happen, it will only happen in the rarest of circumstances.

This was just one example, there may be others, but such situations occur very rarely.

Share This Story, Choose Your Platform!
About the Author: Keith Bruss
f7aa3855f1363a52c39b588c2d777f0d26c4b0ccec87fa488246e3d64fb866ba?s=72&d=mm&r=g

WHAT OUR CLIENTS SAY AND WHY

Check out what some of our real life clients had to say about working with Brown Family Law

BrownLaw icon
Excellent
Brown Family Law
Based on 1013 reviews
Worked with Nick and Carren they did an awesome job with a difficult situation. The whole Brown law team was excellent to work with. I would highly recommend them to anyone that needs thier services. Thank you Nick and Carren also the rest of the team. On a side note everyone i delt with was very friendly! Thank you again!
Clay is the best
Clay was fantastic. I really appreciated his professionalism and knowledge. I would absolutely recommend him to anyone needing his services.
Helped me with everything, supported me in all my decisions! Communication is top notch! Never worked with a lawyer who was so easy to get a hold of! They are the best!
Daniel is a wizard. He’s incredibly knowledgeable and has a real gift for walking you through stressful situations with clarity and calm. He makes the process feel easy when it could otherwise be overwhelming. Highly recommend working with him!
⭐️⭐️⭐️⭐️⭐️

Navigating a divorce is never easy, and I am so grateful to have had the support of attorney Nathaniel Garrabrandt and paralegal Carren Leavitt. From start to finish, they were responsive, professional, and compassionate. I really appreciated the weekly check-in Every phone call and email was answered promptly. There were moments when I needed immediate help with custody issues and protection—Nathaniel handled those situations with calm expertise and gave me the reassurance I needed during such a stressful and uncertain time.

Divorce can feel overwhelming, but having strong legal guidance made all the difference. Nathaniel and Carren provided not only the legal knowledge but also the steady support that helped me feel protected and confident moving forward. I couldn’t recommend Briwn Family Law more highly to anyone needing a reliable and caring legal team!
David Handy and his team were fantastic in helping me navigate custody time with my daughter. He gave the me reassurance and encouragement I needed with each step and I couldn't be more grateful to him! Thanks David! And to his team Candace & Brooklyn for being very helpful in keeping constant communication open. I enjoyed working with everyone!
I had a great experience. Amazing guidance and direction to best help me and my situation.
This has honestly been a first-class experience! I've gotten to work with many attorneys throughout my life and none have been as attentive as, Clay Randle has been.
Daniel and Carren were great to work with. They took time to help me understand the process and get through a difficult time. When I had questions they were quick to respond and really listened to my concerns.
Glad Jason was fired. Clay can handle any case like a champ. Thank you brown family law.
Kayelise was the easiest to talk to. She addressed all my questions regarding my divorce and has so much empathy for those she talks to. I can’t thank her enough for her guidance in my divorce and answering all my questions.
I have had the privilege of working alongside Nate Garrabrandt through our BNI group and hearing him share valuable insights every week about the divorce process. Even though I haven’t personally needed the services of Brown Family Law, I can confidently say that Nate is extremely knowledgeable, well-educated, and passionate about helping his clients navigate such a challenging time. His professionalism and expertise stand out, and I would not hesitate to recommend him and his firm to anyone in need of a skilled divorce attorney.
I’ve had the privilege of working with Mr. Schwarz on various projects and would be confident in recommending him for any legal services. As a colleague, he displayed respect, integrity and loyalty to his partners. As a professional, he demonstrated incredible competence, skill and mastery of his field. He cares for his clients and their vision and works tirelessly for them to achieve it. Highly recommend.
I have worked alongside Nicholas Schwarz in a Judge's Chambers, and I can attest to the qualities that make him such a great attorney. Mr. Schwarz is highly intelligent and perceptive, but also exudes a quality of genuine compassion, which you unfortunately don't find in many attorneys.

His experience working directly for a judge gives him an invaluable edge. He has a firsthand inside view of the legal system that is unteachable. This understanding alone is an incredible asset and a huge leg up in any legal matter. He's also just an encyclopedia of information, not only about the law but also about everything else. This is a testament to his naturally inquisitive and intelligent mind and is also quite comical.

But what truly characterizes his work is his love for family, first and foremost. He will represent every case with compassion and fight tirelessly for his clients as if they were his own family. You won't find a better advocate than Nicholas Schwarz if you're looking for an attorney who is intelligent, likable, and truly devoted to not only your case, but for your best interests.
Leipua Brown and Clay Randle have helped me over the past couple of years with straight forward legal advice on my custody case. They are so kind and honest about truthful outcomes and helping me make educated decisions!! It’s unfortunate that situations like mine need endurance over the time span of YEARS to get through, but they for sure help ground me with clear direction. Through disappointment and heartache, I couldn’t be confident and hopeful without them!
Would highly recommend! Carren & Nathanial took incredible care of our case & got us to our end goal :)
Leipua Brown has helped us out tremendously! I was not familiar at all with certain legal issues and she was able to educate and Inform me in ways that could understand clearly. She was very thorough and personable, which made it easier to come to her with more questions after our initial conversation. Leipua is the best!!
Nick Schwarz, a fantastic attorney, incredibly knowledgeable and caring. Wonderful attitude with clients. Highly responsive, and acts quickly. Never leaves you hanging.
Daniel Young and Carren Leavitt were excellent to work with. It was a very difficult process for me on a personal level and they walked me through each step to a successful outcome I’m very happy with .
Response from the owner:Thank you so much. Glad we could help.
I can’t recommend Nick Schwarz enough. He really cares about his clients, goes above and beyond to exceed expectations and he does extra research to offer insights no one else would think of. I’ve worked with him on several projects in the past and he’s always both very impressive and intrinsically creative. Would recommend him to anyone.
Nick Schwarz and I were colleagues and he is extremely thoughtful and cared about clients. He is an excellent attorney and an even better person. He will make an excellent addition to any case.
Dani is the best paralegal I know. Clear communication, professional, and intelligent.
Paul Waldron offers a competent and mindful approach to navigating family law. Thank you Paul for being an asset in our community that we can all depend on.
Truly so grateful for the care and expertise of Brown Family Law. (Specifically Carren and Daniel) I’ve been going through a really difficult time, and having legal support met with such kindness and understanding meant the world to me. They not only provided excellent guidance, but also made me feel seen and supported. I will always refer people here and am so grateful for the compassion I experienced.
I cannot recommend Attorney Nicholas Schwarz highly enough! He is extremely professional, responsive, and truly dedicated to his clients. What sets Nick apart is not only his deep knowledge of the law, but also the genuine care and compassion he shows for his clients. He takes the time to explain everything clearly, answer questions promptly, and make you feel supported throughout the entire process. If you’re looking for someone who will fight for you while keeping your best interests at heart, Nick is your person!
Nick Schwarz is an outstanding attorney who combines sharp legal skills with genuine care for his clients. He is professional, attentive, and deeply committed to helping families through challenging times. I highly recommend him.
Idania is great!! She’s very helpful and attentive
Nick is an exceptional attorney—sharp, reliable, and truly client-focused. He makes complex legal matters easy to understand, responds quickly, and consistently goes the extra mile to deliver results. I highly recommend him to anyone in need of outstanding legal representation.
I've had the pleasure of being consulted by Attorney Nick Schwartz on a few issues I was having and was very impressed by his knack for breaking down difficult ideas into layman terms for me to understand my options better and make the best moves. He's a hard worker, and seems to really love what he's doing. I really enjoyed his positive attitude and candor while we were strategizing.
I highly recommend Nick Schwarz as Counsel. He has helped me with multiple legal issues over the years and has never disappointed. He is thorough and communicative. And, most importantly, he truly cares about his clients.
I had the privilege of working with Nick and his law firm, and I can’t recommend them highly enough. Nicholas Schwarz is professional, knowledgeable, and truly committed to his clients. He took the time to explain every step of the process clearly, kept communication open, and always made me feel like my case was a priority. His attention to detail and dedication gave me a lot of confidence, and the outcome exceeded my expectations. If you’re looking for an attorney who combines expertise with genuine care, Nick and his team are the ones to call.
I’ve worked with Nick on several projects over the years and he always goes above and beyond. He is attentive, detail-oriented, and highly professional. It’s clear that he genuinely cares about his clients. I would recommend him without hesitation. He’s an excellent choice if you need legal guidance.
Attorney Nicholas Schwarz is very personable, passionate, and a great advocate for his clients. Mr. Schwarz has that "grit" to get the job done and is very approachable. His personality and work ethic are truly one of a kind. He is a great lawyer and colleague. I highly a recommend his services if you want competent representation and someone willing to go above and beyond for your case.
I would highly recommend Clay to anyone! He is absolutely amazing and keeps you updated and informed with everything going on with your case!
Paul is a first-class attorney who not only has the skill to stand up for justice and guide your case to a successful resolution, but also demonstrates genuine care for his clients. A truly unique presence in his field.
Clay Randle at Brown Family Law is a master of clarity in the midst of complexity.

I hired Clay to help me navigate a divorce involving contested marital and premarital properties spread across multiple states. The legal terrain was anything but simple. Valuation disputes, and emotionally charged negotiations. Clay handled it all with precision, professionalism, and a calm that made a difficult process feel manageable.

What stood out most was his ability to distill complicated legal issues into clear, actionable steps. He was responsive, strategic, and always one step ahead in anticipating challenges. I never felt lost in the process—Clay made sure I understood my options and the implications of every decision.

If you’re facing a divorce with significant property concerns —Clay is the kind of attorney who brings both legal rigor and human empathy. I’m grateful for his guidance and would recommend him without hesitation.
Dani was very knowledgeable. She answered all my questions in timely manner. Would highly recommend working with her!
Clay really knows how to take care of his clients!
Clay is one of the most knowledgeable attorneys I’ve talked to. He has a great grasp of family law and is an amazing advocate.
I send all my family law clients to Clay. As a lawyer myself, I know how important good representation is. Clay honestly cares about his clients and is a very good strategist. He’s also really funny.
Clay is an amazing, compassionate, and talented lawyer. Highly recommend him and the firm.
David and Dani were very helpful and made my case as stress free as possible.
Great Team. Efficient and smooth process. Excellent communication. Thank you David Hunt.
I’m so grateful for attorney Nicholas Schwarz and paralegal Carren Leavitt at Brown Family Law. From day one, they were ready to work with me immediately, making my case feel like a top priority. Their organization is exceptional, every detail was handled with care and efficiency. Most importantly, their commitment to communication stood out. They kept me informed every step of the way, answered questions promptly, and made sure I fully understood my options.

If you want a legal team that is proactive, organized, and truly dedicated to their clients, I highly recommend Nicholas and Carren at Brown Family Law.
yH5BAEAAAAALAAAAAABAAEAAAIBRAA7

Schedule a Consultation


What Makes Us Different

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.