WHAT SHOULD A STAY-AT-HOME PARENT ASK FOR IN A DIVORCE?

What Should A Stay-At-Home Parent Ask For In A Divorce?

Tim Miranda

Founding Partner

Transcript

“So a question has been posed: What can a stay-at-home spouse request in a divorce? Well simply put, you can request anything that any other working spouse is requesting. What do I mean by that?

What are you doing at home? Are you at home tending to minor children? Are you at home because you can’t work? Are you at home because you’re studying? Are you at home because you’re working from home?

The point is, and I’m going to say the most simple and common fact pattern, is that one spouse is a bread winner who’s working and the other is not. Under California law it’s community property when you’re married so guess what, the breadwinning spouse is winning bread for you, you get your share of that.

When you separate, that’s when you request spousal support. The court is not going to let you not work forever, particularly if there’s no good reason for you not to work. What does that mean?

It means that you’re going to have to get started. You’re going to have to attempt to become self-supporting. Very dense topic. A lot of factors, but generally if you’re a stay-at-home spouse, you should be requesting what you need to be able to continue with your life while you’re getting divorced, and then plan for your life post-divorce which plans probably include you being employed.”

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