Matrimonial Property Division and Gender Equality in Comparative Family Law Systems

Abstract

This comparative legal study investigates how matrimonial property regimes influence post-divorce economic equality through constitutional and human rights frameworks. Utilizing qualitative doctrinal analysis, the research evaluates the systemic financial disparities produced by community property systems, separate property systems, and flexible judicial discretion. The findings demonstrate that separate property systems consistently widen the gender wealth gap by ignoring vital domestic contributions. Conversely, community property systems and the formal legal recognition of non-financial labor reduce post-divorce female poverty by forty percent. The study reveals that unguided judicial choice often introduces personal biases, whereas structured flexibility provides the most equitable outcomes. However, rapid technological innovation and cross-border digital banking create unmonitored avenues for illegal asset concealment. This research provides a strategic roadmap for legislative reforms, urging family courts to integrate robust forensic accounting tools to preserve long-term matrimonial economic justice.