Yes, there is. This matter is regulated by the Civil Code of each state. There are some states that have it better regulated than others. But regardless of what each Civil Code may provide (or not), the Supreme Court has made clear the general rule that must be followed out of respect for human rights: the party who did not perform economically remunerated activities is entitled to up to 50% of the assets acquired in a marriage by separation of property, if he/she devoted himself/herself predominantly to the care of the home.
Let’s take as a case of analysis the case of a couple that married under separation of property, and after 10 years of marriage they divorced. If during those 10 years the man dedicated himself to the care of the home, and the woman dedicated herself to economic activities, the man is entitled to 50% of the assets acquired by the woman during those 10 years.
What if the man was engaged in part-time economically remunerated activities, for the other half of the time taking care of the home? Analyzing this specific case would reduce the percentage of the assets to which the man is entitled.
The purpose of this 50% (or the resulting percentage) is not to compensate the one who “earned less money during the relationship”. Rather, it is to compensate the one who gave up time to pursue a professional development in order to dedicate himself to the care of the home.
Under the same logic, the person who, despite not having dedicated himself to economically remunerated activities, did not dedicate himself to the care of the home (because he dedicated himself to vices or analogous situations), would not be entitled to this compensation (or to a lower amount).
