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Katherine Eisold Miller

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What I Wish People Learned About Marriage and Divorce in High School

Posted: 04/25/2012 3:56 pm

When I was a little girl, I sometimes looked in the mirror and imagined who I might marry and what I might wear on my wedding day. Later as a teenager, I sometimes wrote my name as if I were married to my boyfriend de jour, just to see what it felt like to try on a married persona. What I imagined involved love and romance. It did not involve thinking about a financial partnership or the implications of putting together what amounts to a small business relationship where each member has a role and responsibilities. It certainly did not involve working out a conflict resolution procedure that allowed for the voices of both participants to be heard in order to have an effective decision-making methodology.

It turns out that the things I didn't imagine are possibly the most important parts of a marriage and often people don't learn about them until they are getting divorced.

When a couple falls in love and gets married, they trigger a change in status that often goes beyond the scope of what they think or expect. Marriage initiates a financial partnership in which both spouses contribute to the whole rather than the individual, whether or not they so intend. Regardless of what the people intend -- unless they make an explicit and formal agreement otherwise -- from the moment they say their vows, spouses are working for the benefit of their business unit, not for themselves.

Of course when people in love decide to marry, it often seems like part of the romance to share finances. When people decide to divorce, it is another story. When clients come to my office, they are often unpleasantly surprised to learn that assets they thought they had protected from divorce are, in fact, part of the "marital pot" and vulnerable to division. It is surprisingly easy to inadvertently convert savings or other assets from separate property -- not distributed between spouses in a divorce -- to marital property and subject to distribution as part of a divorce (although not necessarily equally). For example, a single person earning money, investing it and saving for retirement in a 401(k) does so for his or her own benefit up until their wedding day. That 401(k) is their separate property until they or their employer make the first contribution into it for work performed after the honeymoon. When that happens in most states, the entire 401(k) changes its nature and becomes an asset of the marriage.

The implication of many decisions made as a couple can also be a surprise for people newly contemplating divorce, whether or not these decisions were explicit or implicit. Some of these decisions could be:

• Who worked and how much was earned
• What were the lifestyle choices
• Who made investment decisions
• How title to the marital residence is held
• How was credit managed

I wish people learned in high school that although marriage might be about romance (at least in part), divorce is not. For decades, the trend in divorce law has been toward "no fault" divorce. This means that the law will be less sensitive to the foibles of the relationship -- including extra-marital relationships, disagreements over money and other disputes -- than a couple might expect or one of them might want. Divorce courts are not interested in the breakdown of the romance and are decidedly focused on unwinding the business end of the relationship. Divorce courts are not likely to deliver a reprimand, financial or otherwise, for broken hearts or other betrayals of the love relationship.

 

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When I was a little girl, I sometimes looked in the mirror and imagined who I might marry and what I might wear on my wedding day. Later as a teenager, I sometimes wrote my name as if I were married t...
When I was a little girl, I sometimes looked in the mirror and imagined who I might marry and what I might wear on my wedding day. Later as a teenager, I sometimes wrote my name as if I were married t...
 
 
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SheilaKhani
can't read between the lines
01:01 AM on 05/08/2012
data shows that majority of marriages fail- at least more than half. More people decide to live as partners and not get married second time around; in Northern European countries couples live together and raise a family without being married; now a days gay and lesbians are fighting for marital rights...obviously marriage is evolving but unfortunately the divorce laws are not unless they change to feed the interest of the lawyers and the entire family law establishments.
09:34 PM on 05/03/2012
A good point, but I'd be interested in more specifics. What exactly do the decisions mean if you get divorced later on? How does it vary by state? Does how long you're married make a difference?

I don't think high school students would really pay attention to these issues or get what they mean. This seems like something people should be learning when they live together or while married when they are making the decisions about how to own things.
03:01 PM on 04/29/2012
The boys should be taught that long periods of sexual deprivation will end with their being stripped of their savings and possibly sent to jail based on little to no evidence at all.

The girls should be taught that asset-stripping is a right for them, not a privilege, and that a girl hitting a boy is retaliation for Violence Against Women. A boy hitting a girl is a violent crime.

Let's work on killing marriage as it stands now. Not hard - just educate boys about the family law issues that strip them of their civil rights once they sign that license.
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03:43 PM on 04/27/2012
You simply follow what what you have learned in you own family growing up, and hope for the best.
MONEY management must be, and should be thought in High School, 100% must.
Other then that, THERE IS NO RECIPE, its life.
All arguments and divorces are mostly about, $$$$$$$.
08:35 PM on 04/26/2012
They should be tought NOT to buy the cow when they get the milk for free.
10:33 PM on 05/01/2012
Or how to spell. Or commodify women's sexuality. That'd be a decent start.
09:35 PM on 05/03/2012
Although generally speaking, if you talk like that, the cows are going to look for someone kinder.
ganick
I don't need no stinkin' micro bio
07:29 PM on 04/26/2012
Might as well. Obviously no good at teaching reading, writing, math., geography and science.
06:34 PM on 04/26/2012
Children might be better served by learning how to make a marriage work rather than the complexities of divorce. How about teaching them the power of compromise, teambuilding activities, compassion for others, "entitlement" is not their reality, and do unto others, mutual respect, effective communication...and so on. What ever happened to an ounce of prevention is worth a pound of cure? Are you really suggesting teaching how to survive a divorce successfully? I would rather see teachings on how to maintain a successful marriage!
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SheilaKhani
can't read between the lines
01:07 AM on 05/08/2012
sense of entitlement is subjective. how do you compromise with a serial cheater, or a gambler, or a shopaholic, or the refusal to be treated for depression which causes extended unemployment, or the refusal of being a responsible parent, or the refusal of healthy living? all of which are essential in "teambuilding, compassion,..."
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HUFFPOST SUPER USER
taina2
Spending my money smarter than government
05:50 PM on 04/26/2012
They should require that males understand they are financial fathers only and have no rights except to hand all your money to the ex.
05:47 PM on 04/26/2012
Sure that would be a great idea but shouldn't schools first teach math, reading, history etc.?
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special38x2
Live, Love, & Laugh
07:41 PM on 04/26/2012
I'd be in favor of losing a few of the loser electives and supplementing something like this - with a broader life essentials program.
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SheilaKhani
can't read between the lines
01:08 AM on 05/08/2012
History of Marriage would be useful :)
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Bob Schwend
Retired know it all....sort of
05:40 PM on 04/26/2012
What should be taught is marriage and family living which should include an extensive unit on human sexuality. And it should be taught from junior high on every single year to every single student. Senior year a parenting class should be taught. Never ever teach "divorce". Kind of like teaching murder or robbery. Makes it easier to do later on.
05:00 PM on 04/26/2012
When my sons were in high school, they had a one semester course for all seniors. Students in the class were put in pairs and had to plan a wedding, budget for an apartment, utilities, groceries, car insurance, etc.. Then they had an unanticipated pregnancy announced by the teacher and they had to stretch money to cover the expense of a birth of a child. Near the end of the semester, they had to deal with a potential divorce situation, two households, child support, etc. This course really made the student work and think a lot. I know it helped my sons.
03:10 PM on 04/29/2012
Did they tell your sons they could go to jail if they couldn't pay child support due to disability or job loss?

That they might have to pay alimony for life to their ex depending on the state in which they divorce?

That they may be financially responsible for another man's child if their wife cheats on them?

That their teacher is legally due child support from them if she molests them and loses her job after becoming pregnant?

Class dismissed.
04:29 PM on 04/26/2012
What should be taught is how to remain in a loving trusting relationship without rushing into something most obviously don't seem to be prepared for.

We live in this rushed society - there's no need to rush a relationship. Take your time getting to know each other. And keep in mind that marriage (or children) won't change your partner. If they are an ahole today, they will be one after the wedding, after the kids.

And if you can't laugh with each other, move on.
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04:21 PM on 04/26/2012
Students are graduating from high school without the knowledge and skills needed to be successful. Yet, we move social issues to the front of the line - sex, alternative lifestyles and now divorce. Stick to the subjects that will help our students become productive adults. We need a voucher system more than ever for those who would prefer the social issues not take over our educational system.
04:00 PM on 04/26/2012
Great article. As the daughter of divorced parents, I can tell you...attitudes and how-to-survive tips were non-existant. With mega emphasis these days on everything from birth control to alternative life styles...to politically correct speech...you'd think the most prevalent of social challenges, divorce, would be addressed in our schoools. Children of divorce need to be prepared and taught how to manage divorce when it occurs. They deserve it.
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cesweeton
Acceptance, tolerance and forgiveness
03:38 PM on 04/26/2012
I don't think Divorce needs to be taught in School; however, the facts are that almost 50% of all marriages Fail and roughly half of that number are Divorces that involve Children.

Sadly my own family's situation fall into the above category.

What needs to be understood is that the moment couples decide to have Children; that they have made a joint commitment to always "love and support" their Children. This commitment goes way beyond the Vows that couples make to one-another at our Marriage ceremony, because those Vows are made around mutual Choice. Our children have no Choice in if we Marry, if our Marriage succeeds or fails, or we we decide to have Children - they're just counting on our commitment to them regardless of Choices we make as Adults.

I don't see how a School can be tasked with teaching this - it is soemthing that we as Parents just need to understand.