Handling Divorce When One Spouse Is Unemployed
Financial and support considerations become a focal point when a couple is divorcing and one spouse is unemployed or a stay-at-home parent. This is true in part because family law aims to ensure that both parties maintain financial stability after a separation, particularly when one person has been financially dependent on the other. Talk to a Bucks County family attorney to learn more.
Key Financial Considerations
When one spouse is the sole breadwinner, divorce settlements must address financial disparities. For instance, Pennsylvania law allows for spousal support both during and after divorce proceedings. So, an unemployed spouse may be eligible for APL (a form of temporary financial assistance during the divorce process) and alimony, which is post-divorce financial support based on need and ability to pay. When making these payment determinations, the length of the marriage, earning capacity, and contributions made are reviewed.
If children are involved, child support will be a part of the divorce proceedings, too. The earning spouse will likely be responsible for paying child support to ensure that the children’s needs are met. Income, custody arrangements, and expenses like healthcare and education will be assessed.
Whether working or not, both spouses have a right to an equitable share of marital assets. This could include one or more of the following.
- The family home
- Retirement accounts and pensions
- Savings and investments
- Vehicles and personal property
- Business interests (if applicable)
Equitable distribution does not necessarily mean a 50/50 split but rather a fair division based on each spouse’s needs and contributions. It is important for a non-working individual exiting a marriage, whether they have spent the last handful of years as a stay-at-home parent or unemployed, to consider their financial future post-divorce.
Support Considerations for the Non-Working Spouse
If the unemployed spouse needs to re-enter the workforce, they may require additional education or training. Then, awarding financial assistance so the individual can strive to become employed could be advised.
Ensuring housing stability for the non-working spouse and any children is crucial. This may involve negotiating for the family home, securing temporary housing support, and receiving a fair portion of marital assets to cover future housing expenses. And because many stay-at-home parents rely on their spouse’s health insurance. post-divorce they may need to secure their own coverage through COBRA, a state exchange, or employer-sponsored plans if they return to work.
If you are not currently earning an income and are in need of direction, talk to an experienced Bucks County family attorney. There is a path to accessing fair spousal and child support as you move to separate. Lawyers have the skills to negotiate equitable asset division and ensure long-term financial security for non-earning spouses. They can also provide guidance on employment and financial independence.
Do you have worries about financial stability? Divorce can be especially challenging when one spouse is financially dependent on the other, but there are professionals who can help. Contact the legal team at Kevin L. Hand, P.C. to discuss your rights and options. Call 215-968-6602.
