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this post was submitted on 27 Nov 2023
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I don't feel strongly either way here, but want to point out that something doesn't need to be a big, prevalent problem before you advocate for change. If it's a problem for someone, somewhere, and you can solve the problem without introducing new problems for others, that should be enough.
As for the 50-50 split, I intuitively think it would make sense to have some kind of clause regarding what each part brings in to a marriage. If one part brings in a house, while the other just got their first job, it doesn't make sense to me that the default upon a divorce should be that they get equal parts of the house. Of course, implementing a good solution in practice can be anything but simple.
It already doesn't work like that in most places in the USA. If the house is still in the name of the person that owned it to begin with, generally that person keeps the house after the divorce. Do some googling on "premartial assets".
I'm by no means well versed in US divorce law. My primary point was that I can imagine situations where something other than a default 50-50 split would make sense, and that crafting a good solution in practice is probably difficult. An alternative situation to the one mentioned above could be:
Two people have wildly different incomes, they take up a loan and buy a house together, where one of the two makes the 75 % of the down-payments. If they get a divorce, should the value of the house / loan be split 50 / 50? I think it's a question that can be open for discussion, even if "gold digging" isn't a prominent issue.