Do Homemakers Have to Get a Job After Divorce?

Homemakers usually rely upon their spouse to provide sufficient income to pay for their children, their housing and other financial needs.  This system works very well, unless and until the couple decides to divorce. When this occurs, the spouse who has been paying the bills may decide that he or she no longer wishes to continue to support the other spouse who stays home. 

Whether a homemaker will have to get a job after divorce or not is going to depend upon many different factors, including the willingness of the working spouse to keep paying the bills as well as the alimony (if any) that is ordered as a part of the divorce. An experienced Irvine family lawyer can help you to determine what is likely to occur when your marriage ends and can assist you in making a compelling argument to receive the support you need to maintain the life you lived during the marriage. Contact Brown & Charbonneau, LLP today to learn more about how an attorney can help as your marriage ends.

Do Homemakers Have to Get a Job After Divorce?

Sometimes, a couple will specify an appropriate amount of alimony in a prenuptial agreement. The amount of alimony that is to be paid to the non-working spouse based on the terms of this agreement may make it possible for the stay-at-home spouse to remain a homemaker and not need to get a job after divorce.

If the couple does not have a premarital agreement but they negotiate an agreement when their marriage ends, they can make the choice together to allow one spouse to continue to stay at home. If the stay-at-home spouse receives significant enough marital assets and property, this can make it possible to remain a homemaker and not go back to work. If the higher-earning spouse agrees to continue to provide enough income, the homemaker also does not have to get a job after divorce.

However, if the working spouse does not want to pay enough alimony to continue to allow the homemaker to stay home, then things become more complicated. If the couple cannot agree on the terms of their divorce settlement, they will need to go to court in order to have a judge make the decision on spousal support and asset division for them.

A judge considers lots of different things in deciding how much support, if any, one spouse will need to pay the other. If one spouse has always been a homemaker and has been out of the workforce for a long time, then the judge may award generous alimony- especially if the marriage is a long one and/or if the homemaker contributed to the other spouse’s career or is taking care of children or family members with special needs. However, there are many situations in which a judge awards only temporary alimony or awards an insufficient amount of alimony to allow a stay-at-home spouse to continue to be a homemaker after divorce. If this happens to you, you will need to get a job after divorce to achieve financial stability.

An Irvine, CA family lawyer at Brown & Charbonneau, LLP can help you to argue that you should receive sufficient alimony and assets such that you do not need to return to work. Call today to schedule a consultation with a family law attorney who can help with your case.