Fair share is a loose term that has no real definition outside of what an individual believes that definition should be. Sometimes, your fair share is not necessarily monetary or the percentage that you think it should be – but it could be less because the totality of the circumstances calls for that. For instance, you might be entitled to 50% of the value of the home, but under the totality of the circumstances, it might make more sense to take a greater percentage of the retirement account so that your children can stay in the home if your spouse can afford that option.
You should look at fairness as what’s right for the family and not so much what the dollar-for-dollar division looks like.
Abigale M. Stolfe is a partner at Stolfe Zeigler, a boutique family law firm that obtains favorable outcomes for high-net-worth, complex, and litigious cases.