There are many reasons why only one spouse may work in a married household. Perhaps the other spouse runs their own business, and they need to focus entirely on their career. Maybe they work in a high-demand profession, such as medicine, where they have irregular shifts.
Maybe they work a basic white-collar job, but they have family support needs. Both minor children and aging parents can put a lot of pressure on working professionals. For many families, having one spouse leave the workforce or deprioritize their career is the best solution available. The non-working spouse handles a never-ending list of household obligations, while the other spouse works to financially support the family.
The combination of their efforts can lead to a successful household and a very comfortable standard of living. Those arrangements can also trigger uncertainty and fear if a divorce occurs. Non-working spouses often feel vulnerable and even trapped in their marriages. What rights do they have if they divorce?
The right to a fair share of the marital estate
Generally speaking, each spouse’s individual income has limited influence on the outcome of divorce proceedings. Instead, each spouse has an interest in any assets acquired and any income earned during the marriage.
Equitable distribution statutes allow non-working spouses to request a portion of the equity in the marital home and even a share of their spouse’s 401(k). The courts take a variety of factors into consideration when deciding what is fair. Unpaid contributions to the household, the duration of the marriage and the earning potential of each spouse can influence what a judge believes is appropriate.
Non-working spouses can often receive a generous share of the marital estate, particularly if they have minor children and a majority of the parenting time.
Alimony or spousal support
When one person sacrifices their independence and future earning potential for the family, the other may have to compensate them in the event of a divorce. The family courts have the authority to order alimony, which some people call spousal support.
In some cases, alimony is temporary or rehabilitative. The goal is to provide support while the non-working spouse redevelops their career and increases their earning potential. In some cases, the courts may award permanent alimony.
Permanent alimony orders are usually only an option in cases where one spouse cannot work. The longer the marriage lasted, the longer the alimony may last. If health challenges or responsibility for an adult child with special needs prevent a non-working spouse from rejoining the workforce, the courts may consider that when deciding how long alimony should last.
In some cases, it may also be possible to ask the courts to order the wage-earning spouse to cover the legal costs of the non-working spouse. Discussing personal concerns with a skilled legal team can help non-working spouses understand their rights as they prepare for an upcoming divorce. Those who do not work have protection under Georgia’s family law statutes, although they may need assistance during the divorce process, and that’s okay.