Is it true that in Europe and the US, during a divorce the woman gets 50% of the husband's wealth even if the woman is in the wrong?

在欧洲和美国，即便女方是过错方，离婚时也能分得丈夫的50%资产，是真的吗？

以下是Quora网友的评论：

Andrew Browning

In Australia we have “no fault” divorce.

The idea that you need to blame someone for a relationship breaking down - and there are financial consequences to that - is troubling. And seems to follow a fairly old-fashioned and punitive idea of what a marriage is, with fairly restrictive and limiting definitions of each person’s role in the marriage. The world has moved on, but not enough.

我们澳大利亚有“无过错”离婚。

一定要为一段婚姻的破裂责怪一方——并为此承担经济上的后果——这种想法令人不安。这似乎意味着遵循一种过时，带有惩罚性的婚姻观念，约束双方在婚姻中的角色。世界在进步，但有些方面还不够与时俱进。

The fact that you say “husband’s wealth” also concerns me. If you’re not in a marriage to share everything you should probably not be married.

Having been through the process, it’s awful enough without trying to find legal blame. Of course we all think it was the other person’s fault, but the more important thing is how everyone gets on with their lives. Particularly if there are children involved.

你提到了“丈夫的资产”，这也让我担心。如果你选择婚姻，不是为了和另一半分享所有，那你可能最初就不该结婚。

走到离婚这一步，就算没有认定法律责任，也已经非常不幸了。当然，我们都认为是别人的错，但更重要的是大家要如何继续过好自己的生活。尤其是双方还有孩子的情况下。

Marc Wilson

Europe is not a country, but a continent with over 40 countries.

Each has its own rules.

For all practical purposes, the US is also 50 different countries when it comes to matrimonial law.

The only sensible response is “it depends”.

Your question is also somewhat sexst, as it assumes the husband is the primary earner.

欧洲不是单一国家，而是一块拥有40多个国家的大陆。

每个国家都有自己的法律。

在婚姻法方面，美国其实也可以看成50个不同的国家。

唯一明智的答案应该是“视情况而定”。

你的问题中还反映出了性别歧视，似乎认定了丈夫才是家庭的主要收入来源。

Mats Andersson

The answers will naturally differ depending on jurisdiction.

In Sweden, there is no such thing as “in the wrong” for a divorce. A divorce happens if both parties ask for it, or after a waiting period if only one party asks for it.

答案自然是：根据各地管辖权而定。

在瑞典，离婚没有你所谓的“过错方”一说。如果双方都提出离婚请求，或者只要一方提出离婚，但等待期结束后，离婚就会成为既定事实。

Neither is there such a thing as “the husband’s wealth”. In the absence of any written agreements, it is assumed that the family owns everything in common; consequently, it is divided equally at the divorce.

所谓的“丈夫的资产”更是无稽之谈。在没有签订书面协议的情况下，夫妻双方拥有家庭所有的共同财产；所以离婚时就要对这笔资产进行平均分配。

The “written agreements” are of two kinds. There could be a “prenuptial agreement”, where a certain set of assets was listed as belonging to either party before marriage, and they then have a right to it after the marriage. This is usually to protect estates or other valuable fixed assets, so that they don’t have to be sold and the money shared. Anything that was acquired after marriage is still assumed to be acquired in common.

而“书面协议”分成两种。夫妻之间可能会签订“婚前协议”，协议中会明确列出属于任何一方的婚前资产，另一方在结婚后有权使用。这种协议通常是为了保护房产或其他有价值的固定资产，使其在离婚发生时免于被出售，被分割售房款的结果。所有在婚后获得的资产都被认定为夫妻共同资产。

The other possibility is a “division of property”. This is usually done when one party starts a company, to protect the other party (and the family) in case the company fails. This is done by simply registering which assets belong to which party.

So, to actually answer the original question, yes. The woman will get 50% of the family’s wealth, since she makes up 50% of the family (dependants excluded). Even if she is “in the wrong”, since this has no legal bearing whatsoever.

另一种协议是“财产分割协议”。这通常是在一方创业时订立的协议，以便在公司破产时保护另一方(及其家庭)。这种协议会通过把某些资产登记在一方名下来完成。

所以，说回你的问题，没错，女性将获得家庭财富的50%，因为她拥有这个家庭的50% (受抚养人除外)。即使她“犯错”也一样，因为这没有任何法律意义。

Angela Birch

Where I live in the US ALL money and income accumulated during the marriage are not the husbands or the wife’s but theirs equally so when they divorce they split their assets.

Any assets each person brought to the marriage and kept separate belongs to them and is not divided during the divorce.

Right or wrong doesn’t enter into it.

I know in some parts of the world they seem to believe a husband’s earnings are his, not theirs but where I live a husband and wife are one economic unit.

我在美国，当地法律规定婚姻存续期间获得的所有资产和收入都不是独属于丈夫或妻子的，而是他们共有的，所以离婚时双方可以分割资产。

双方婚前各自持有的财产仍归各自所有，离婚期间无需分割。

谁对谁错都与此无关。

我知道在世界上有些地方，人们默认丈夫的收入就是丈夫的，而不是夫妻共有，但在我居住的地方，丈夫和妻子在经济上是一体的。

Kali Rainwater

That depends.

States like Florida are “no fault” states; you can only file a “no-fault” divorce, meaning it doesn’t matter who did wrong to whom, the judge is going to decide how to split assets and allot alimony solely based upon the economic facts, that is, how much money each person is earning.

视情况而定。

像佛罗里达这样的州是“无过错”州；你只能提出“无过错”离婚申请，这意味着不论谁对另一方做了什么错事都不重要，法官只会根据经济事实，也就是说双方的收入，来裁定如何分割资产、核定赡养费金额。

Assets that were owned before the marriage are typically considered the property of whoever owned them before the marriage. Assets acquired during the marriage are marital assets and are typically split 50/50.

Other states, such as Georgia, allow a person to file for an “at-fault” divorce. That means that you can prove that one of the parties was at fault for the divorce, typically by being unfaithful. For example, if the wife is the primary breadwinner, but she can prove that her husband had an affair, at “at-fault” divorce might spare her from having to pay alimony.

双方在婚前拥有的资产通常被认定是各自的婚前财产。婚姻存续期间获得的财产属于夫妻共同财产，通常一人一半。

其他州，如乔治亚州，允许一方申请“过错”离婚。这意味着你可以证明离婚是因为另一方有过错，通常是婚内出轨。例如，如果妻子是主要的经济支柱，但如果她可以证明她的丈夫有外遇，通过“过错”离婚可能令她无需支付赡养费。

In addition, the couple can choose to sign a separation agreement detailing the division of assets and whether or not alimony will be paid.

My ex-husband really didn’t want the “stain” of an at-fault divorce on his record after he abandoned me to move in with his girlfriend, so he was willing to sign a separation agreement stating that everything he left behind including the house was entirely my property, and that he was not entitled to alimony. (My ex-husband was a college student and did not have a job. The house was solely in my name but had been purchased after the wedding and therefore was a “marital asset.”)

此外，夫妻双方可以选择签署分居协议，详细说明财产分割方案以及是否支付赡养费。

我的前夫抛弃我后搬去和新女友同居，他不愿为自己留下过错离婚的“污点”，所以他愿意签署一份分居协议，声明他留下的一切财产，包括房子，都属于我，而且他放弃赡养费。(我的前夫是个大学生，没有工作。这所房子是我100%持有的，但因为是在结婚后购入，所以属于“婚内财产”。)

Kevin Oliver

No it is not true that in a divorce the wife can get 50% of the husbands wealth. She may however get 50% of the family’s wealth. Plus support for the minor children..

不，离婚时妻子可以分得丈夫资产的50%的说法并不对。她有可能分得家族财富的50%。加上给未成年子女的抚养费…

Mags Sutton

Who can judge whats right or wrong,it tends to be influenced by time they have been together,wether there are children.Many cultures always consider the woman to be wrong regardless,only taking the womans part when her husband finally kills her!Since many women have to give up their jobs when kids are born,it is a form of protection for all of them,by the way,it can work the same way for the husband if the woman is a bigger earner.

是对是错要如何判定呢？结婚多久了，有没有孩子，都可能会有影响。很多文化认为离婚错在女方，除非丈夫杀了妻子才有可能支持女方！很多女性在孩子出生后不得不放弃工作，这是对她们所有人的一种保护，顺便说一下，如果女性收入较高，对丈夫来说也是如此。

Jasperkips

It depends on, among other things, the jurisdiction. In the most of Europe we have a no fault divorce, that means no fault needs to be at the root of a divorce. Then no women don’t get 50% of the wealth, unless they are married in a non nuptial marriage. The idea being that each gets half the wealth of the familiy. Usually the woman gets the custody of the children, and a likewise sum of money on the support of the children.

除了其他因素，还取决于管辖权。在大多数欧洲国家，我们都有无过错离婚，这意味着离婚不需要追究谁的过错。所以所有女人都能分得50%的资产，除非她们没有举办过结婚仪式。夫妻双方都能分得家庭资产的一半。通常女方能得到孩子的抚养权，还能获得一笔赡养费。

Your Uncle Dodge

Related

During a divorce, can a woman choose to take half the man’s stuff?

Your question as written is extremely callous and that's probably intentional if you're not serious.

离婚时，女人可以选择拿走男人的一半财产吗？

你这个问题太冷漠了，你可能是故意这么问的吧。

My serious answer is that the courts will ensure that there's fairness to the way that the assets are split, and that's not anything to do with alimony or child support. When I divorced the woman I had all my kids with, she only took the “nice stuff” and I let her. She has to live with those decisions now, because I have a better woman and she, still unmarried, declared bankruptcy in 2017. To each their own.

我要严肃回答一下这个问题：法院会保证资产分配的公平，这和赡养费或子女抚养费无关。当我和为我生育了所有孩子的女人离婚时，她只想要那些“好东西”，而我同意了。她现在必须接受这些决定，因为我找到了一个更好的女人，而我前妻至今还未结婚，2017年还破产了。

Alan Taggart

Originally Answered: In the U.S., during a divorce proceeding, if a woman is found out that she cheated on her husband, is she still priviliged to get his wealth and other financial resources?

在美国提出离婚诉讼时，如果一个女人欺骗了她的丈夫，她是否依然权分得他的资产和其他财物？

It is all part of the evidence, and the conduct of the parties is considered when dividing marital property and determining other relief.

And adultery is certainly a negative consideration, but it would rarely result receiving no portion of the marital estate. It is the rare divorce where one party is pure as the driven snow while the other is a demon incarnate.

It has been said, that shoes come in pairs.

However, point of order, it is not HIS wealth or financial resources. The wealth and resources belong to the community to the extent earned during the marriage.

这只是离婚证据的一部分，在分割夫妻财产和确定补偿时，要考虑当事人的行为。

出轨当然是一个负面因素，但很少会因此导致无法分得婚内财产。毕竟一方天使，另一方恶魔的情况很少见。

就像那句老话说的，鞋子都是成双成对的。

但重点在于，婚内资产和财物并不是“他的“，而是双方在婚姻存续期间共同拥有的。

Fran Brochstein

In Texas, the answer is yes.

Adultery or fault of the marriage can be used as grounds for a disproportionate share of the community estate. It will probably be 60/40 or 45/55. It’s never 100/0.

In TX once married, all income becomes community property (without a prenup) so by law it starts at 50/50.

在德克萨斯州，答案是肯定的。

出轨或婚姻过错可以作为不对等分割共同财产的理由。可能会采用60/40或45/55的比例。但绝对不可能是100/0。

在德克萨斯州，一旦夫妻结婚，所有的收入都成为共同财产(如果没有签订婚前协议)，所以根据法律就是按照50/50来分割。

Joy

Because cheating isn’t a crime, and cheating doesn’t mean a spouse is not entitled to half the assets they acquired as a couple. That’s like saying if a man leaves his wife for a mistress that he should lose everything. That’s not how it goes.

因为出轨不是罪行，出轨并不代表一方无权获得他们夫妻共有的一半财产。这就好比说一个男人为了情妇抛弃妻子，他就必须净身出户。不是这样的。