Dealing with divorce as a stay-at-home parent

If you are a stay-at-home parent and you are facing a divorce, you may be concerned at how you will support yourself in the future. We take a look at how finances are dealt with in this situation.

In making any decisions in a divorce, the courts will always prioritise the needs of any children involved. This includes when making a financial order as well as when making a child arrangements order.

The courts like couples to deal with issues between themselves wherever possible. This can either be by way of negotiation through solicitors or by using an alternative method of dispute resolution such as mediation, collaborative law or arbitration.

Financial arrangements

If you have given up your career to care for the children of your marriage, the courts may give you a larger share of the matrimonial assets to compensate for this. If you have been out of work for several years, you may need to retrain and you are likely to be less advanced in your career because of the break. If your spouse has continued to work and their career has progressed, they may be in a better position to provide for themselves. A job of work and the job of caring for the children and the home are considered to be equal by the courts.

The courts generally aim to reach a point where both parties are able to support themselves financially, but it may be that you need spousal maintenance payments while you re-establish a career or while you are only able to work part-time because of childcare commitments.

Spousal maintenance is in addition to child maintenance which is usually paid to the party that is responsible for the main day-to-day care of the children.

In considering what assets to award to a stay-at-home parent and whether to order spousal maintenance payments, the court will look at the following factors:

• Each of your ages
• The length of the marriage
• The earning capacity of each of you, including future earning capacity
• The needs of any children involved
• The contributions each of you made to the marriage, including financially and by caring for children and the home
• The standard of living enjoyed during the marriage
• The expenses you each have and will have on an ongoing basis

Arrangements for children

If the court is asked to make a decision over arrangements for children, it will try and establish what will be best for them in the circumstances. It will ask the Children and Family Court Advisory and Support Service or CAFCASS to meet with you and the children’s other parent and to provide a report. This will give the court the guidance it needs to make a child arrangements order.

In considering what order to make, the court will look at the points on the welfare checklist, as follows:

• The wishes and feelings of the child in the light of their age and understanding
• Their physical, emotional and educational needs
• The likely effect on them of any change in circumstances
• Their age, sex, background and any other relevant characteristic
• Any harm they have suffered or are at risk of suffering
• How capable each parent is of meeting their needs

The court may well decide that the children should continue to live with the parent who currently carries out most of the day-to-day child care to keep matters as stable as possible.

Contact us

If you would like to speak to one of our expert family lawyers, call 01392 477983 or email FamilyNewEnquiries@everys.co.uk