What is My Non-Working Ex-Spouse Entitled To?

What is My Non-Working Ex-Spouse Entitled To?

Unemployment remains one of the leading reasons couples get divorced in the United States. It makes no difference whether the unemployment is voluntary or involuntary, either. The chances of divorce increase by 33 percent compared to a couple where the other spouse is employed full-time. 

If you’re planning to divorce a non-working spouse, you should understand what it will mean for your children, property and your own future. Iafrate & Salassa, P.C. endeavors to provide dependable legal guidance for families in need. If you are looking for individualized advice, call us to discuss the specifics of your divorce case. 

Legal Impacts of Divorcing a Non-Working Spouse

Before you divorce a spouse who is unemployed, you should consider the potential legal impacts. These usually involve how property is distributed between the couple. The other spouse’s employment status may influence the amount of child support or alimony that is ordered. Typically, the courts consider why the spouse is unemployed when determining suitable arrangements for the following factors. 

Child Support 

After a divorce, the custodial parent receives child support payments from the other spouse. All fathers are obligated to do so whether they are employed or not. You have a right to child support even if your ex-husband doesn’t have a job. That being said, the amount of child support that your ex-husband owes will vary depending on his employment status. Usually, the payments are reduced when a spouse is unemployed. 

If the husband is unwillingly employed and receiving unemployment benefits, the child support payment can be deducted from those unemployment wages. If the husband is voluntarily unemployed, the courts determine an imputed income that is the approximate earnings the husband would receive if he were employed full-time. This value is then used to calculate how much the husband owes in child support. 

Spousal Support

Generally speaking, the wife receives alimony, or spousal support, after a divorce. But this isn’t necessarily true if the husband has no job. The wife may need to pay temporary spousal support to the unemployed husband while the divorce proceedings are ongoing. The other type is long-term alimony, which is provided after the marriage is legally terminated. 

Property Distribution

Michigan is an equitable distribution state, meaning assets are divided in a fair manner rather than always a 50/50 split. Each spouse’s financial and non-monetary contributions influence how property will be distributed. For example, if the husband is unable to work due to a disability, he may receive a bigger portion of the assets. 

Legal Expenses

Working with an attorney does involve various legal fees. When the other spouse doesn’t have a job, you potentially have the upper hand since your ex probably cannot afford quality legal representation, if they can at all. You have a better opportunity to have your requests approved since you’ll have an experienced lawyer who oversees the process for you. 

Divorcing a Husband Who Will Not Work

If you’re divorcing an unemployed spouse, you need to talk to a knowledgeable attorney before making any decisions. Iafrate & Salassa is available to review your case and prepare you for the road ahead. Call our firm now for a consultation.