Divorce can be much more challenging for certain people than for others. Unique circumstances can make divorce far more difficult to navigate. Becoming financially reliant on a spouse is one such scenario.
Stay-at-home parents often feel very anxious about the prospect of divorce. They may have left their jobs years ago and may lack the skills to compete in the modern workforce. People without a recent employment history often have a hard time securing jobs that offer competitive wages. They may have to start their careers over from the beginning. They may not even be in a position to go back to work full-time. Those with very young children or children with special needs may need to continue providing full-time support instead of returning to work. How can stay-at-home parents approach divorce in a way that helps protect themselves and their children?
Learn about the law
There are numerous Arkansas statutes that can be beneficial for stay-at-home parents facing a divorce. The first is the equitable distribution statute. When married couples divorce, a family law judge may have to help them divide their property.
Judges making property division determinations must use the state’s equitable distribution rule to split marital property and debts. Equitable distribution focuses on fairness, rather than an even split. Income earned during the marriage and assets accumulated during the marriage are potentially subject to division. Even assets held in the name of one spouse are part of the marital estate. Judges can consider factors including unpaid contributions to the family when determining what is fair.
The second set of laws that can be beneficial for stay-at-home parents involves child support obligations and alimony payments. The spouse who focused on their career while the other spouse stayed home may have to provide financial support.
That support can help a stay-at-home parent transition back into the workforce or continue staying home to care for their children. The law may even allow a stay-at-home spouse to request that the other spouse cover their attorney fees.
Documenting family circumstances
Stay-at-home parents preparing for divorce likely need copies of financial records. They need information about the standard of living the family enjoys. They also need information about the extent of the marital estate.
With the right records, stay-at-home spouses can present an accurate and compelling case to a family law judge. They can also reference specific family matters when negotiating with their spouses.
Stay-at-home parents may need help learning about the law and gathering the information they need to pursue a fair divorce outcome. Securing support early on and focusing on long-term goals throughout the divorce process may help stay-at-home parents plan for a better future after the end of their marriage.