My husband is divorcing me. How should our wealth be divided as I worked side-by-side with him to create our wealth. Someone advised that in divorce the settlement goes according to the country you live. In other countries there is community of property, meaning each spouse is entitled 50% upon divorce?
Question
There is no community of property in Islam. Each spouse holds his or her property individually, except that which they actually own jointly as partners or purchased jointly or business enterprises that they jointly developed. Therefore, if either party waives some of his or her rights and allows the other to have a larger share then this is perfectly alright. Otherwise, each person is entitled to take the percentage of wealth that each party has actually contributed.