The idea of divorce tends to intimidate stay-at-home or non-bread-winning spouses. In many families, one spouse might leave their career to raise the children, maintain the family home and/or care for aging parents. The unpaid services they provide for the family are worth a significant amount of money (in savings) if the family were to replace those services with the efforts of a paid professional.
The work of a stay-at-home spouse allows the other spouse to focus on their career development. The entire family benefits from the career sacrifice of the stay-at-home spouse. However, their decision to exit the workforce or deprioritize their career means that they face a financial disadvantage in the event of a divorce.
Some stay-at-home parents worry that they cannot even seek custody because they may not be able to support their children. Indiana does offer multiple forms of support for stay-at-home or non-bread-winning spouses who divorce, in addition to the need for a return to a career/employment.
1. Spousal maintenance
Also known as alimony in other states or under the Internal Revenue Code, spousal maintenance involves a term of payments to the dependent spouse, under certain statutory conditions. Indiana does allow dependent spouses to ask for spousal maintenance. Maintenance payments are not automatic. A spouse requesting spousal maintenance must demonstrate both a need for maintenance and the other spouse’s ability to pay.
Provided that the situation warrants maintenance, Courts can order the spouse who focused on their career to provide ongoing support to the dependent or lower-earning spouse. Such arrangements are often temporary with the goal of helping the dependent spouse rebuild their career. However, Indiana law provides for maintenance related to a disability of a spouse or disability of a child requiring a spouse to provide full-time care.
2. Child support
In scenarios where the stay-at-home spouse left their career to raise children, Courts may order child support payments from the higher-earning spouse. Unlike spousal maintenance, child support is a required obligation.
Courts look at the resources and earning potential of each spouse as well as the breakdown of parenting time, health insurance costs, work-related childcare and other factors to determine how much child support is appropriate. Those payments can help a stay-at-home parent meet the basic needs of their children after the divorce.
3. Support for attorney fees
Retaining legal counsel is crucial for those preparing for complex legal matters like divorce. Unfortunately, stay-at-home spouses often believe they cannot afford an attorney. However, there are options.
In cases involving dependent spouses, it is quite common for the courts to order the higher-earning spouse to cover court costs and the attorney fees of the dependent or lower-earning spouse. Such rulings help level the playing field to ensure that someone who made economic sacrifices for their family doesn’t end up taken advantage of during a divorce. Alternatively, assets of the marriage, such as savings or retirement, can be advanced toward attorney fees. Those who make use of the resources available to them during divorce obtain a better outcome