What is My Stay-at-Home Spouse Entitled to During Divorce?

Stay-at-home spouses dedicate much of their daily lives to the welfare of their families. Their contribution to their homes often plays a crucial role in enabling the breadwinner to pursue professional and financial goals for the betterment of the family. Unfortunately, their contributions may sometimes go unnoticed by their spouses, especially during divorce.

It’s not uncommon for income-earning spouses to ask if their stay-at-home spouses are entitled to any property-division benefits when a marriage ends. These are valid concerns, and family lawyers in Oakland say that the answers may vary depending on specific circumstances. Generally, the law aims to safeguard the rights of divorcing parties.

Stay-at-Home Spouse and Child Custody

Southfield divorce attorneys say that the primary caregiver doesn’t automatically get full custody of the child after divorce. However, their role as a stay-at-home parent can weigh heavily in their favor. Overall, courts make custody decisions based on the child’s best interest and strive to promote an ongoing relationship with both parents.

The court may award joint custody so that you both have an equal voice when making decisions affecting the child, such as where they attend school or the medical treatment they will receive. Depending on the case specifics, your lawyers can help you demonstrate why it would be in the child’s best interests to award you physical custody of the child.

Crafting a Child Custody Agreement

If your Oakland divorce is uncontested and your ex-spouse is agreeable, you can craft a comprehensive child custody agreement with the help of skilled divorce lawyers in Southfield. They can help you capture the following legal provisions to secure your child’s best interests:

  • A parenting plan
  • A visitation schedule
  • Legal and physical custody
  • Co-parenting rules
  • Guidelines for decision-making
  • Provision for future custody modification

A standard custody agreement often allows the non-custodial parent to alternate weekend visits and time during school breaks. The aim is to ensure the child consistently spends time with each parent to encourage an ongoing relationship.

Stay-at-Home Spouse and Child Support

Child support laws stipulate that each parent has an equal responsibility for the upbringing of their children after a divorce. Your stay-at-home spouse may be entitled to get child support payments from you after the court evaluates the following crucial factors:

  • Income: Southfield divorce attorneys explain that courts evaluate the income levels of both parents when determining child support. It will consider the disposable income after statutory deductions and passive income, such as rental properties, stocks, and unemployment benefits. 
  • Deductions: The court will consider deductions for health insurance and take into account child care costs.  Also, child support for other children is a factor. 
  • Child custody arrangements: Custodial timeshare is crucial in child support determinations, meaning the number of overnights with each parent affects how much child support is required.  If you are the noncustodial parent, the more overnights you have in a court order, the lower your child support will be. 

These factors can be overwhelming, given that your stay-at-home spouse may not have any income, and you may be required to pay child support. Consult experienced divorced lawyers in Southfield to help you explore your options to ensure the final child support order is fair. 

Stay-at-Home Spouse and Spousal Support

Alimony, also called Spousal Support, is something that you can be required to pay based on your circumstances.  The court could order you to pay one of two types of spousal support:

  • Temporary spousal support: The court can order temporary support when the divorce proceedings start to enable the no-income or lower-earning spouse to be able to pay their bills. You can agree with your ex-spouse on a fair amount, or the court can determine the payment. Temporary could also mean a few years after the divorce is final. 
  • Long-term spousal support: This type of support can last for years, but the duration depends on several factors. 

Factors Courts Consider When Awarding Alimony

Determination of long-term spousal support can be lengthy and emotional. Divorce attorneys in Southfield say that courts evaluate factors such as:

  • The duration of the marriage
  • The amount the working spouse earns
  • The age and health of the parties
  • How long it will take for the supported spouse to become self-supporting
  • The contribution of the stay-at-home in taking care of the family during the marriage 
  • Property owned by the couple 
  • Any history of domestic abuse 
  • Standard of living during marriage 
  • Liabilities of the couple 
  • The impact of tax laws on spousal support 
  • Other factors the court may consider relevant 

You and your ex-spouse can sign a written agreement and have the court approve it. If your ex-spouse is not amicable, the court may determine alimony after evaluating the above factors. 

A Skilled Family Lawyer Helping You Navigate Divorce with a Stay-at-Home Spouse

You may be worried that your stay-at-home spouse will be at an advantage during divorce because they didn’t make much financial contributions to the marriage. However, their contribution to caring for the family and supporting your career goals is crucial in the divorce order.

Skilled Southfield family lawyers at the ADAM American Divorce Association for Men can help you explore legal options to protect your rights. Our legal team can examine your case circumstances and work with you to navigate the challenges of divorce. Our Southfield divorce lawyers understand that divorce can change the rest of your life, so they will help you fight for a favorable outcome as you rebuild your life. Call us at 248-290-6675 to schedule a FREE consultation.