WIFE GETS A BIGGER SHARE OF JOINT PROPERTY THAN HUSBAND BECAUSE HUSBAND IS NOT RELIGIOUS AND NEVER PROVIDES WIFE

RI Supreme Court Decision Number 266 K/AG/2010 where the wife gets a larger share of joint assets than the husband. The wife gets ¾ (three quarters) of the share and the husband gets ¼ (a quarter) of the share with the consideration that during the marriage the husband was proven to be religiously disobedient, had caused the wife to experience stress, and it turned out that the husband during the marriage never provided support for the wife, the entire joint property was obtained by his wife from the results of his work.

For the sake of justice, the cassation panel considers it appropriate for the wife to obtain greater joint assets than the husband. This decision is different from the provisions of joint property law regulated in Article 97 KHI which confirms that a divorced widow or widower is each entitled to half of the joint property as long as it is not otherwise stipulated in the marriage agreement.

Source:

Dr. H. Ahmad Zaenal Fanani, SHI, MSi, Judicial Varia No.389, April 2018, p.47.

Regards,

Fredrik J. Pinakunary