Paul Hunt on whether internal organs can realistically form part of divorce proceedings

IT IS not unusual for people involved in relationship breakdown to complain that their hearts have been broken.

But it is unusual for other internal organs to form the subject of a dispute.

The media has recently focused on an American husband who, during his divorce, has stated that he wishes the kidney he donated to his estranged wife to be returned to him, or that he should receive in excess of $1m.

Inevitably, this tends to go in the category of “bizarre news stories”. One can understand, however, that the husband would feel that the sacrifice he has made for his wife has been poorly repaid.

If the matter were being considered here, then there would be an argument that donating a kidney is a more extreme form of a gift made during the marriage.

But there could also be an argument that the donation of a kidney to save the life of the other spouse could represent a significant contribution.

A more immediate practical issue, however, would be the potential effect of this transplant upon the health of the parties and their employment and earning capacity.

If a spouse who had donated a kidney suffered from health problems, then this would be a very real factor to be taken in to consideration, not just an entertaining diversion.

PAUL HUNT is partner and head of Kirwans family department.