Maximizing Divorce Negotiations: Harnessing the Power of Percentages
Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and this is my 25th year practicing.
So what do I mean by the power of percentages? Well, I’ve found that some people really respond to percentages when thinking about the division of assets, money, and property. Others, though, focus purely on the dollar figures and aren’t influenced by percentages in the same way.
Understanding Different Perspectives
Here’s what I mean. Let’s say you’re dividing $1,000,000 in marital assets — cash, accounts, property, and vehicles. If you say, “I’m offering you 40% of everything,” your spouse might instantly react, “Absolutely not. Why should you get 60% and I only get 40%?” But if you break it down by saying, “I’ll give you $400,000 from this account, $400,000 from that property, $30,000 from this, and $20,000 from that,” the total is the same — but many times, it just makes more sense to them. They may never even think of it as a percentage.
Now, their attorney might, but surprisingly often, they don’t emphasize it — because when you factor in attorney’s fees, litigation risks, or trade-offs in other parts of the case, that 40% may not sound so bad once it’s framed in dollar amounts.
Adjusting Your Strategy
On the other hand, some people do the opposite. No matter what numbers you present, they’ll immediately calculate the percentage. If it’s not 50 or more, they’re not interested. For them, it’s not about the money — it’s about the perceived fairness of the ratio.
It’s often hard to predict which approach will influence your spouse more, because it’s not something you usually know from the relationship. But you can test it. During early settlement talks, pay attention to what seems to resonate. You lose nothing by adjusting your strategy accordingly.
The Power of Small Percentage Differences
Another thing to keep in mind is the power of just a few percentage points. For example, if you offer 53%, that might feel like a win for your spouse simply because it’s over 50%. Yet, in reality, that 3% difference — maybe a few thousand dollars — could save you tens of thousands in attorney’s fees by avoiding trial. So you end up giving a little, but saving a lot.
Percentages can be surprisingly persuasive in negotiation — not because they change the math, but because they change perception. Use that to your advantage. Think carefully about how you present your offer — sometimes, that framing can make all the difference.
Have Questions? Get a Consultation!
Give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900 if you have questions or want a consultation about this or any other family law issue.
