December 1, 2023

Are you wondering what you’re entitled to if you’re a non-working spouse going through a divorce? Well, you’re in the right place!

In this article, we’ll explore what you can expect when it comes to the division of marital property, spousal support, child custody, health insurance, and financial support for your children.

So, grab a cup of coffee, and let’s dive into what you need to know!

Division of Marital Property

You are entitled to a fair division of marital property in a divorce. When it comes to property division, the court aims to ensure that both spouses receive an equitable share.

This means that all property acquired during the marriage, whether it’s real estate, vehicles, investments, or other assets, will be evaluated and divided fairly. The court will consider the length of the marriage, each spouse’s financial contributions, and their individual needs.

It’s important to note that fair doesn’t necessarily mean equal. The court will strive to find a balance that considers the unique circumstances of each case.

Gather all relevant financial information and work with a skilled divorce lawyer who can guide you through the process to ensure a fair division of property.

How Is the Non-Working Spouse’s Contribution to the Household Considered in the Division of Marital Property?

The non-working spouse’s contribution to the household is taken into account when dividing marital property.

This can include things like childcare, homemaking, and supporting the working spouse’s career.

Spousal Support and Alimony

Spousal support and alimony are important considerations in a divorce, as they determine the financial support provided to the non-working spouse. If you’re a non-working spouse, you may be entitled to receive spousal support or alimony from your ex-partner. This financial support is meant to help you maintain a similar standard of living to what you’d during the marriage.

The amount and duration of spousal support or alimony will vary depending on various factors, such as the length of the marriage, the earning capacity of both spouses and the needs of the non-working spouse. Consult with a divorce attorney to help you understand your rights and obligations regarding spousal support and alimony. They will guide you through the legal process and ensure that a fair amount of financial support is awarded to you.

Child Custody and Visitation Rights

Child custody and visitation rights are determined based on the best interests of the child and can be negotiated between both parents or decided by a court.

When determining custody, the court considers the child’s age, health, and relationship with each parent. The court may also take into account the ability of each parent to provide a stable and nurturing environment for the child. Sometimes, joint custody may be awarded, which allows both parents to share in making important decisions regarding the child’s upbringing.

Visitation rights, on the other hand, refer to the non-custodial parent’s right to spend time with the child. These rights can be negotiated between the parents or established by the court. The court’s primary concern is to ensure that the child has regular and meaningful contact with both parents unless there are circumstances that indicate it wouldn’t be in the child’s best interests.

What Factors Does the Court Consider When Determining Child Custody and Visitation Rights?

When determining child custody and visitation rights for the non-working spouse, factors such as the best interests of the child are considered. This includes assessing the ability to provide a stable environment and the willingness to foster a relationship with the other parent.

Health Insurance and Benefits

Your health insurance and benefits may be affected during and after a divorce. When going through a divorce, it’s crucial to understand how your healthcare coverage will be impacted and what options are available to you.

If you were covered under your spouse’s employer-sponsored health insurance plan, you may lose your coverage once the divorce is finalized. However, you have a few options to consider.

You can explore the possibility of obtaining your own health insurance coverage through your employer, if available. Another option is to continue the coverage under COBRA, which allows you to stay on your spouse’s plan for a limited period of time, but at a higher cost.

Additionally, you may be eligible for Medicaid or other government-subsidized healthcare programs. It’s important to consult with a divorce attorney or a healthcare insurance specialist to fully understand your rights and explore the best options for your situation.

Financial Support for Children

You should also be aware of the financial support that your children are entitled to in a divorce. In most divorces, the court will order child support to be paid by the noncustodial parent to the custodial parent. This support is meant to cover the expenses related to the child’s upbringing, including education, healthcare, and basic living expenses.

The amount of child support will vary depending on factors such as income, the number of children involved, and any special needs the child may have. It’s important to consult with a family law attorney at Steele Family Law to understand your rights and obligations regarding child support to ensure that your children’s needs are met.

How Is Financial Support for Children Determined if the Non-Working Spouse Has Never Contributed Financially to the Household?

Financial support for children is determined based on their needs and the income of both parents. Even if you haven’t contributed financially to the household, the court may still consider your income potential when calculating child support.

The Bottom Line

In conclusion, a non-working spouse in a divorce is entitled to a fair division of marital property, spousal support or alimony if deemed necessary, and consideration for child custody and visitation rights.

They may also be entitled to health insurance and benefits, as well as financial support for any children involved.

It’s crucial to consult with an experienced divorce attorney like those at Steele Family Law in Anderson, SC, to ensure that all entitlements are protected and negotiated appropriately during the divorce process.