The Financial Consequences for Both Partners: A Comparative Study

Nino Kutsniashvili

doi:10.19044/esj.2025.v21n39p174

Nino Kutsniashvili Grigol Robakidze Univeristy, Georgia

DOI: https://doi.org/10.19044/esj.2025.v21n39p174

Keywords: The financial results, A financial agreement, Judicial discretion

Abstract

Of the many issues that arise when a marriage breaks down, none is more complex and important than the financial consequences of divorce, as these issues are also related to the rights of the child. This paper focuses on analyzing the economic consequences of divorce for both partners, focusing on the financial outcomes for men and women following marital dissolution. By examining key factors such as asset division and income disparities, the study provides a comprehensive view of how divorce impacts the long-term financial stability of both parties. The methodology of this study is purely comparative, serving as the foundation for the analysis. Utilizing a comparative approach, the paper specifically examines the divorce laws and their financial implications in Germany, Austria, England, Georgia, and France. This approach highlights variations in asset division, spousal support, and financial recovery across these countries, offering insights into how different legal systems address financial disparities between partners post-divorce. Across different legal systems and cultural contexts, the paper underscores disparities in financial recovery post-divorce and identifies systemic factors that influence these outcomes. The findings suggest that while both partners experience financial challenges, the degree and nature of these consequences vary significantly based on gender, legal frameworks, and individual financial circumstances. This analysis offers important insights into the economic dimensions of divorce and contributes to ongoing discussions on legal reforms and policy adjustments aimed at addressing these disparities.

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References

1. Brown, N. (1965). The Reform of French Matrimonial Property Law. American Journal of Comparative Law 14. no. 2. Spring. pp308-321
2. (1963). Capital Gains Taxation on the Transfer of Appreciated Property from Husband to Wife Pursuant to a Divorce Settlement," Indiana Law Journal 38, no. 3. Spring. pp494-511.
3. Chikashvili, SH. (1988). Family law. “kegeli”. pp94-95
4. Chiriboga, D.A. Catron, L.S. and Associates. (1991). Divorce Crisis, Challenge or Relief? by New York University All rights reserved Manufactured in the United States of America.
5. Comment of civil code of Georgia. (2021). part VII. Tbilisi. Page. 119.
6. Dillon, N. D.C. (1986). The financial consequences of divorce. 7(3) of the divorce acts 1979 a comparative study. Comparative and International Law Journal of Southern Africa, 19(2), pp271-289.
7. Dutta, A. (2012). Marital Agreements and Private Autonomy in Germany. Martial Agreements and Private Autonomy in Comparative Perspective. Hart Publishing 2012. pp. 158-199. esp. 161.
8. Hobbs, S. H. (1988). Facilitative ethics in divorce mediation: law and process approach. University of Richmond Law Review, 22(3). pp325-376.
9. Kenneth, S. & Mitchell-Phillips, Sr. (2006). Five Steps to a Healthy Divorce; A More Supportive Legal Approach to Post-Divorce High-Conflict Relationships. Whittier Journal of Child and Family Advocacy 6, no. 1. Fall. pp147-216.
10. Khoperia, M. (2015). The rules of family divorce according with old Georgian law. Tbilisi. Pp108
11. Kreyenfeld, M. & Trappe, H. (2020). Parental Life Courses after Separation and Divorce in Europe. This Springer imprint is published by the registered company Springer Nature Switzerland AG the registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland. Life Course Research and Social Policies 12. pp 24.
12. Osborn, E. (1990). The treatment of unearned separate property at divorce in common law property jurisdictions. Wisconsin Law Review (3). pp903-940.
13. Parkman, A.M. (1986). The Economic Approach to Valuing a Sacrificed Career in Divorce Proceedings. Journal of the American Academy of Matrimonial Lawyers 2. pp45-56.
14. Ribot, J. (2011). The ﬁnancial consequences of divorce across Europe. Published online: 22 February. ERA forum. DOI 10.1007/s12027-011-0188-x ARTICLE
15. Riveros, C. & Coester-Waltjen, D. Alternative dispute resolution in family disputes in Europe and Chile: Alternative de litigos em conflitos familiars na Europa e no Chile: mediacao.
16. Scherpe, M.J. (2012). Marital Agreements and Private Autonomy in Comparative Perspective. in: Jens M. Scherpe (ed.), Martial Agreements and Private Autonomy in Comparative Perspective. Hart Publishing. pp. 443-518.
17. Scherpe, M.J. (2016). The Financial Consequences of Divorce in a European Perspective. Unedited book chapter, published in Scherpe (ed.), European Family Law, Vol. III, Edward Elgar Publishing.
18. Shengelia, E. & Shengelia, R. (2011). family law. Tbilisi. Meridian. pp162-163.
19. Tamborini, C. R., Couch, K. A., & Reznik, G. L. (2015). Long-term impact of divorce on women’s earnings across multiple divorce windows: A life course perspective. Advances in Life Course Research, 26, 44–59.
20. Uunk, W. (2024). The Economic Consequences of Divorce for Women in the European Union: The Impact of Welfare State Arrangements. European Journal of Population 20. pp251–285.