Expat Divorce – Divorce in Relocation
I have asked her permission to quote her, without explicitly telling her story, while trying to capture her struggles, an American ex-client woman came to my office crying:
“Although our goal is to have a stable relationship life, it is only during the divorce that you realize how much a woman is willing to give for the well-being of her family, especially the children and the husband, leaving behind a job or a career, friends, family, hobbies etc. In many cases, it is only during the divorce that you realise you have lost so many things.
You have left your job in your country of origin and in a new environment you struggle to work due to some reasons, such as:
• Language barrier,
• Lack of working visa,
• Being a stay-home mom and helping the family integrate into the new country,
• Assisting the children adjusting into new school and friends and language,
• Chances of returning to the job market are slim as there is no job for your qualification and your university degree (if there is one)
• Missing many years in the job market
• Your age
Then you discover you don’t have pension rights, for example. no credit history, you can’t get a loan as you have no salary.
In the US, you can transfer the money you earn to several bank accounts. My ex-husband transferred 80 per cent of his income to unknown places to bank accounts solely under his name, and I wasn’t made aware of it.
According to an international accountant whom I work with, he examined ‘our numbers’ for defining the size of our ‘family wealth’ basket – most men transfer at least 20% of their income to an unknown place … and outside the family basket.
And then I was told by my lawyers that during separation, with no job, I am still required to pay a portion of your children’s expenses. How do you think to do that?
She left my office with a plan…
I wish to share with everyone that is willing to listen that unfortunately, in court, the loss of your livelihood and pension rights will rarely be remedied by the division of the assets. You gave up a significant career for the family to benefit from relocation and following your husband – however, it is almost not considered by the Courts when you separate or divorce.
You changed your plans to stay next to your husband – meaning, not separating the family – Which the court does not acknowledge. A wife, a mother, who cares for the children and made an ongoing contribution to the family by looking after the children and even may have sacrificed a successful career during the marriage – has economically disadvantage and her decisions taken to keep the family together are ignored and almost not properly, if at all, recognised in the form of compensation.
Here is a quote from a divorce judgment given in Hong Kong:
So – for the benefit of your children, I recommend to women in relocation:
1. No matter what – go to work. It is also a matter of mental health and relocation.
2. Put money aside.
3. Put money aside.
4. Check your tax reports, you suppose to sign them, and it is an opportunity to check family income and if there are any inconsistencies as it might be that income does not always match salary.
5. Take care of yourself, as part of taking care of the family, as no one will do it for you.
6. Go to the bank and check your rights and the accounts status.
7. Issue a credit card on your name and create your credit history.
Then she continued:
“It was a mistake completely trusting my husband for being honest and with values like mine. Now that we are separated I realise that it is a matter of enormous philosophical difference and values in life that I could not imagine because he is a good actor.”
Trust the husband and spouse, but from a position of knowledge, sharing and faith in yourself.