Sole income earners may be the “breadwinners,” but the stay-at-home parent also takes on a major responsibility. Kids require constant care, and while their spouse is at work, they’re busy raising and caring for the children.
While this agreement may be advantageous for the child, it poses an issue in divorce.
Your stay-at-home spouse will have a right to child custody, division of assets and likely spousal support as a result of the divorce. This applies whether they are a stay-at-home mom or a stay-at-home dad. The court may require you to pay support, but it may also issue what is known as a Gavron Warning to the supported spouse.
A Gavron Warning is part of Family Code Section 4330 which outlines that:
- The court may order a party to pay for the support (alimony / spousal support) of the other party for a reasonable period of time based on the standard of living during the marriage.
- The court may require the person receiving spousal support to make reasonable efforts to provide for their own support needs.
The court may order you to pay certain ongoing marital expenses which may include mortgage payments, insurance, and car payments, among other things. In addition, the court may order you to pay all or a portion of the attorney fees necessary for your spouse to hire and/or maintain an attorney.
If you’re a sole income earner navigating the divorce process, both you and your spouse have rights.
Schedule a consultation with us to discuss how to handle divorce as a sole income earner.
What Are The Options For Divorce In California?
Divorce can take many pathways, and the most beneficial is often an amicable divorce where neither spouse contests the dissolution of the relationship. Amicable divorces involve both spouses agreeing to:
- Division of assets and debts
- Child custody and support
- Spousal support
- Other matters such as paying for the divorce and related costs.
If you can come to an agreement, it’s the fastest path forward. Contested divorces are less than ideal, but there are different levels of disagreement. You may disagree on spousal support and agree on all other matters, which may be resolvable through thoughtful negotiation.
In other cases, a spouse may not agree to property division and may even believe the other spouse is hiding assets, which can take years to prove.
Some couples may find it beneficial to pursue legal separation, rather than divorce.
Legal separation is an option that is close to divorce but doesn’t end the marriage. Instead, this pathway makes it possible to:
- Live apart and settle financial responsibilities.
- Remain on certain insurance policies, such as health insurance.
- Decide on other matters, such as division of assets and child custody
You cannot remarry while being legally separated, but you can amend the petition in the future to divorce.
There is no six-month waiting period before a legal separation becomes final, as there is for a divorce. But, both spouses must consent before the court can render judgment unless one party has not made a general appearance in the proceeding.
As a sole income earner, there’s a lot to consider in the divorce (or legal separation) that you’ll need to work through together.
What Are Considerations For The Sole Income-Earner In A Divorce?
Sole income earners have the same concerns as others in a divorce: spousal support, property division, retirement and pension and more. You’ve worked hard to build a life together, but it will look different after divorce.
Considerations include:
Spousal Support
Because your spouse was a stay-at-home parent and did not have the opportunity to build a career, they may be awarded spousal support. Support may be granted on a temporary or long-term basis.
Property Division
California’s community property laws require marital assets to be divided equally between spouses, and this can include:
- Real estate
- Investments
- Businesses
- Vehicles
- Other assets
Even if investments were made purely with your income or purchases made with your earnings, they may still be subject to division in your divorce.
Pension or Retirement Savings
In California, pensions or retirement savings accumulated during the marriage are considered community property and are subject to equal division.
As the sole income earner in the relationship, the issue of dividing retirement savings can be a contentious one. However, California Family Code Section 2610 provides guidelines on how retirement plans should be divided in a divorce.
Long-Term Financial Planning
If you are the sole or primary income earner and ordered to pay spousal support, long-term financial planning should be a consideration. For marriages of less than 10 years, support may last half the length of the marriage, but this is not an absolute.The court has discretion to order support for a longer or shorter duration based on various factors. For marriages of 10 years or longer,s support may be payable indefinitely (until the recipient remarries or dies), unless the support order is modified by the court due to changed circumstances, such as your retirement.
In either case, you will need to consider the long-term impact of support on your income and plan accordingly.
Additionally, you may need to adjust your long-term financial plans if your pension or retirement savings are split.
How Should You Navigate Divorce If You Are The Sole Income Earner In Your Relationship?
If you are the sole or primary income earner in your relationship, there are many considerations that will impact your divorce, including the issue of spousal support.
It is crucial to understand your options and ensure all agreements on key issues are fair. Due to the complex nature of divorces involving sole income earners, consulting with an experienced attorney is advised.
At Wine Country Family Law, P.C., we know that divorce can be an emotional and stressful time, and your unique situation can leave you feeling unsure of which steps to take next.
Our team of experienced family attorneys can help you navigate your divorce with confidence and advocate for your interests to ensure a fair outcome.
Contact us today to request a consultation.
