A divorce is unsettling for anyone who has committed to a marriage. For those who made personal sacrifices and gave up their careers, the end of a marriage can be a catastrophic experience. Stay-at-home mothers leave their jobs and give up the opportunity to develop their careers to raise their children. They become financially reliant on their spouses.
Even if they were to seek out a job immediately, they likely cannot command competitive wages after exiting the workforce for an extended period. Stay-at-home mothers tend to panic when they realize their spouses want a divorce. Yet, there are certain steps they can take to prepare themselves for the divorce proceedings and obtain the best possible outcome.
Quantify career sacrifices
A large number of Texas divorces actually settle without litigation in family court. A stay-at-home parent needs to come to the table for negotiations with an understanding of what they contributed to the family. They also need to know what those contributions cost. Working to establish the financial value of services provided and also the impact of leaving the workforce on their earning potential can give a woman more leverage as she negotiates matters related to property division and spousal maintenance.
Secure assistance as soon as possible
Stay-at-home parents often assume that because they don’t have any income, they cannot secure legal representation. However, dependent spouses who have made sacrifices for the family can sometimes request that their spouses cover their legal fees. The sooner those at a disadvantage in divorce negotiations secure professional advocacy, the better their chances of obtaining the optimal outcome.
Have a plan for financial independence
Spousal maintenance rules in Texas usually do not allow stay-at-home parents to request permanent financial support from the other spouse. Instead, the focus of maintenance orders is usually on rehabilitation and helping someone reenter the workforce as soon as possible. A stay-at-home parent either needs evidence showing why they cannot currently enter the workforce or a plan showing what it may take for them to redevelop their career and earn a competitive salary. That information can be beneficial both during negotiations and if the case requires litigation in front of a family law judge.
The law in Texas does entitle a stay-at-home spouse to their fair portion of the marital estate. Even factors such as custody arrangements can influence how judges divide community property. Stay-at-home mothers may be eligible for spousal maintenance and child support in addition to a reasonable portion of the marital estate.
Getting the right help and approaching the divorce with the perspective that prioritizes long-term recovery is usually the best option for stay-at-home parents facing divorce. There are ways for dependent spouses to protect themselves during a Texas divorce.