In many marriages, one spouse may choose not to work outside the home, either to raise children or for other reasons. When that marriage ends in divorce, the non-working spouse may be concerned about what financial entitlements they are entitled to, if any. This article will explore the legal rights of a non-working spouse going through a divorce, including information about alimony, spousal support, child support, and other financial entitlements.
What is a divorce and how does it affect a non-working spouse?
What is the process of getting a divorce?
A divorce is the legal process by which a married couple terminates their marriage. One spouse must file a petition for divorce, which is then served on the other spouse. The parties in the divorce may then negotiate a settlement agreement, which is submitted to the court for approval, or they may go to trial and let a judge decide the outcome. Generally, the divorce process can be lengthy and complicated, especially if the couple has been married for a long time or has significant assets to divide.
In a divorce, what is the difference between alimony and spousal support?
Alimony and spousal support are often used interchangeably, but they are technically different concepts. Alimony refers to payments made by one spouse to the other after a divorce, while spousal support may be awarded during the divorce proceeding to help a non-working spouse with living expenses. Some states refer to spousal support as pendente lite alimony, which means “during the litigation.” Regardless of the terminology used, the purpose of both alimony and spousal support is to help the non-working spouse maintain the standard of living they enjoyed during the marriage.
How does being unemployed affect a non-working spouse’s entitlement in a divorce?
Being unemployed may affect a non-working spouse’s entitlements in a divorce, especially if they have not been employed for a significant amount of time. In general, a judge may consider the length of the marriage, the earning potential of both spouses, the standard of living during the marriage, and other factors when deciding whether to award alimony or spousal support. If the non-working spouse was unemployed for a legitimate reason (such as to care for children), they may still be entitled to financial support. However, if they were voluntarily unemployed or underemployed, they may receive lower or no alimony payments.
When and how much alimony should be awarded to a non-working spouse?
What criteria do judges consider when deciding whether to award alimony?
When deciding whether to award alimony, a judge may consider several factors, including:
- The length of the marriage
- The financial needs and earning capacity of each spouse
- The standard of living established during the marriage
- The age and physical and emotional condition of each spouse
- The contributions each spouse made to the marriage
- The circumstances that led to the divorce
Based on these factors, a judge may determine that one spouse should pay alimony to the other. The amount and duration of alimony payments may vary depending on the specific circumstances of the case.
Under what circumstances can alimony be terminated?
Alimony may be terminated under certain circumstances, such as:
- The recipient spouse remarries
- The recipient spouse starts living with a new partner
- The supporting spouse dies
- The recipient spouse reaches a predetermined financial goal (such as finishing a degree program)
Additionally, if the recipient spouse is found to be in violation of the spousal support order (such as failing to seek employment), the court may order termination of alimony payments.
How is the amount of alimony determined in a divorce?
The amount of alimony awarded in a divorce is typically based on the financial needs of the recipient spouse and the ability of the supporting spouse to pay. Factors that may be considered include the recipient spouse’s living expenses, healthcare costs, and any other factors that may affect their financial situation. In some cases, the court may also consider the recipient spouse’s ability to become self-supporting over time.
What other financial entitlements does a non-working spouse have in a divorce?
How does child support work if one spouse is not working?
In most states, child support is calculated based on the incomes of both parents, regardless of whether one spouse is working or not. If the non-working spouse has primary custody of the children, they may receive child support payments from the working spouse. If both spouses share custody, the child support amount may be adjusted accordingly.
What is equitable distribution and how does it relate to a non-working spouse?
Equitable distribution is the process by which a court divides a couple’s assets and debts during a divorce. In many states, assets acquired during the marriage are considered community property and are divided equally between the spouses. In other states, the court may use a more subjective “equitable distribution” approach to divide assets and debts based on various factors, such as each spouse’s economic contributions to the marriage. A non-working spouse may be entitled to receive a portion of the couple’s assets, even if they did not contribute financially.
What other financial entitlements does a non-working spouse have in a divorce?
In addition to alimony and equitable distribution, a non-working spouse may be entitled to other financial entitlements, such as reimbursement for their share of any joint debts, assistance with legal fees, and access to retirement accounts or other investments.
In conclusion, divorcing an unemployed or non-working spouse may be challenging, but the family law system provides ways to protect both parties in the divorce. A non-working spouse may be entitled to receive alimony or spousal support, child support, equitable distribution of assets, and other financial entitlements. Consulting with a qualified divorce attorney can help ensure that a divorcing couple’s rights are protected and that their financial concerns are addressed.
