How to Determine Each Party’s Contribution When Dividing Marital Assets Upon Divorce
When a couple divorces, determining each party’s contribution plays a key role in how marital assets are divided. But how can one accurately measure these contributions, who gets priority, and when does contribution become an advantage? This article explains how contributions are assessed under Vietnamese law — from concept to practice — to help you protect your rights effectively.
1. Definition and Role of Contributions in Asset Division Upon Divorce
When a husband and wife decide to divorce, dividing their common assets often becomes one of the most complex issues. Under current Vietnamese law, the contribution of each spouse is considered one of the key criteria that can modify the common “equal division” principle.
1.1. What Does “Contribution” Mean Under Vietnamese Family Law?
According to Article 59(2) of the 2014 Law on Marriage and Family, when a marriage ends, common property is divided equally but must take into account “the contribution of each spouse in creating, maintaining, and developing the marital property.”
Joint Circular No. 01/2016/TTLT-TANDTC-VKSNDTC-BTP further clarifies that this contribution includes individual assets, income, household work, and labor of both spouses in building and maintaining the marital property.
Importantly, a spouse who stays home to care for children and manage the household — without earning direct income — is still recognized as having a contribution equivalent to income-earning labor.
1.2. Why Determining Contributions Is Crucial
Properly determining “each spouse’s contribution” ensures fairness in property division. A spouse who has contributed more — even without directly earning money — may receive more than 50% of the shared property.
Conversely, if a spouse cannot prove their contribution, the court may presume both sides contributed equally and apply the default 50–50 division, which could disadvantage the one who made more substantial efforts.
2. Steps and Legal Criteria for Determining Contributions – Practical Legal Guidance
After understanding the concept, the question is: how can contributions be identified in practice? Below is a practical guide for individuals or businesses preparing for divorce involving shared assets.
Step 1: Collect Evidence and Clarify the Origin of Common Property
First, identify the marital assets formed during the marriage. These include assets created by either spouse, income from labor, production, and business activities, yields and profits from private property, and gifts or inheritance received jointly.
Next, distinguish between separate and marital property. If property is classified as separate, it will not be divided and remains with its owner after divorce.
Finally, collect documents proving your contribution to the shared assets: business contracts, salary slips, repair invoices, evidence of childcare or homemaking, and other relevant records. Proper evidence greatly increases your credibility in court.
Step 2: Apply Legal Criteria – Assess Contributions and Other Relevant Factors
When the court divides common assets, it not only considers contribution levels but also other elements such as:
The personal and family circumstances of each spouse;
The protection of legitimate interests in business or employment; and
Any fault committed by either spouse.
Details of contributions, as defined by Joint Circular 01/2016, include:
Contribution of separate property used for joint purposes;
Contribution from each spouse’s income;
Contribution through domestic work, housework, and child-rearing — which are recognized as income-equivalent labor.
For example, if a wife stays home for ten years as a homemaker while the husband works full-time and the couple purchases a house, the court will value the wife’s domestic labor and may award her more than half of the shared property.
In practice, the spouse with stronger and clearer evidence of a higher contribution will typically receive a larger portion of the marital assets.
Step 3: Key Considerations in Complex Disputes and Practical Solutions
Important notes:
Measuring “contribution” can be subjective and depends on the court’s assessment. For instance, while childcare and domestic work are acknowledged, it is difficult to assign them precise monetary value.
If a spouse’s separate property has been merged into the common property, that person may be reimbursed for its value — not necessarily awarded a higher share of the whole.
If a spouse’s separate property (such as land use rights) appreciates due to both spouses’ efforts, that increase in value may be factored into the division and compensated accordingly.
Practical solutions:
Try to negotiate an agreement on property division and each spouse’s contribution before filing for divorce. A clear settlement simplifies procedures and reduces disputes.
If negotiation fails and the case goes to court, prepare comprehensive evidence: income statements, pay slips, confirmation of domestic work, property documents, repair receipts, and records showing appreciation in asset value.
Consider the element of fault: if a spouse commits serious violations of marital obligations (such as adultery or domestic violence), the court may reduce their share of the assets.
3. Conclusion
Determining each spouse’s contribution in asset division upon divorce is not merely about financial value — it is about fairness and recognizing both visible and invisible efforts made during the marriage. Vietnamese law has made significant progress by acknowledging household work and family care as contributions equal to financial income.
However, in practice, proving such contributions requires careful preparation of evidence, reasoning, and legal understanding. Working with an experienced family lawyer can make a decisive difference. A legal expert can help you gather evidence, quantify your contributions, and negotiate or litigate effectively to ensure your rights are fully protected.
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