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The Difference Between The In-Spouse And The Out-Spouse In A Divorce

One spouse might be at fault for the divorce, and one spouse will make the decision to file. Those roles do not always overlap. The title someone has to assume can affect how they feel about themselves and their divorce.

There is another label that is also very consequential as a couple attempts to dissolve their marriage. One spouse will be considered the “in-spouse” and one will be the “out-spouse.” The label that applies to each spouse in a divorce could potentially have a direct impact on the outcome of their proceedings, so it is important that each of these labels is truly understood.

What makes someone the in-spouse?

It is common for married couples to divide their household responsibilities with one another. One spouse probably handles the bills and files the taxes. Often, it is the man who controls the finances, although either spouse may step into that role based on their abilities and dynamic with their spouse.

The person who handles the household finances will be the in-spouse because they are at a marked advantage in the divorce proceedings. They know what property the couple has and what bank accounts they hold together. They know how much the household paid in taxes and numerous other financial details that can have a big influence on the outcome of a divorce.

The out-spouse, on the other hand, is out of the metaphorical loop. They don’t know exactly what assets they share with their spouse or how much they are worth. They may not even have a full list of household financial accounts. They will have to do a lot of leg work to prepare for the divorce by gathering any records.

The in-spouse has an advantage going into the process, while the out-spouse will have a bit more work to do. However, both parties should be honest and forthcoming with one another, which means that careful preparation and research can level the playing field.

Especially if someone started thinking about divorce recently and recognizes that they are the out-spouse with minimal access to important financial records, they may need to consult with a lawyer and begin preparing carefully before they move forward with the divorce proceeding.

Recognizing certain factors that might put a spouse at a disadvantage during a divorce can help them to prepare to overcome those challenges more effectively.


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