This story got me thinking. The TLDR version is that an American guy donated a kidney to his wife, and now that they're getting divorced, he's demanding that she either give him back the kidney or pay him 1.5M for it. My guess is, he doesn't really matter want the kidney, he just wants the money. But, it raises a larger question; how should you split up assets after a divorce? Assume for the sake of argument that there's no prenup.
On the one hand, I feel like anything you've given your spouse is, well, a gift, and it's just bad manners to ask for a gift back. It's like in "wedding crashers" where the creepy artist asks for his nude painting back: "no, that was a gift. I'm keeping it."
On the other hand, it's not quite that simple. When you're married, you usually assume you'll be living with the other person a very long time, and you arrange your assets accordingly. It's not uncommon to give your partner access to all your money, because you basically become one person ,financially speaking. So when you split up, I guess it makes sense to undo that arrangement.
Then there's the problem of unequal wealth AKA gold-diggers. Suppose that the wife agrees to put her career on hold for a while so that she can have children. If they get divorced, and the man doesn't give her anything, then she's really up shit creek. Of course this can go the other way too, but it's more common this way, so please forgive the sexism. In a case like this, does the man have an obligation to give her a large chunk of his money, given that he can earn money more easily than she can?
I dunno, I'm just rambling at this point. But, after seeing in the "manpower" thread how many wanna-be lawyers TL has, I wanna test TL law. What do you guys think about divorce law? And, if you're not from the US, how does it work in your country?