If you have been a stay-at-home parent, facing the breakdown of your marriage can be an emotional and worrying time. Particularly if you have been relying on your spouse to pay the household expenses and to financially support you. Inevitable questions such as how will you earn enough to live comfortably or who will look after the children are likely to be at the forefront of your mind. So what are your rights as a stay-at-home parent and what are you entitled to after divorce?
Am I entitled to any financial support during the divorce?
This is an extremely common issue for stay-at-home parents which understandably causes uncertainty and anxiety. However, the court has wide-ranging powers that will ensure your ongoing needs are met and can order your ex-spouse to pay spousal maintenance in addition to any child maintenance that may be assessed. The court can also order spousal maintenance to be paid until a final order is made. The Family Justice Council has published guidance on the principles to be applied when looking at whether spousal maintenance should be paid:
- Relationship generated needs should be met if resources permit
- “Needs” should be generously interpreted and measured by assessing the standard of living during the relationship. The longer the relationship’s duration, the more important this factor is likely to be
- The receiving party should be expected to suffer some reduction in their standard of living regarding the overall objective of a transition to living independently of their ex-spouse
- The court will assess the needs of both parties
What is a stay-at-home parent entitled to in a divorce?
Equality is the starting point for any financial settlement. This means that each party should receive a fair share (not necessarily equal) of matrimonial assets such as money, property, investments, pensions, and business assets.
The court’s primary aim is to achieve fairness and ensure that one party does not profit at the expense of the other because of their money-making abilities. When deciding what is fair, the court will take into account things such as:
- The length of the marriage
- Each party’s income and financial needs
- The standard of living enjoyed by the parties during the marriage
- Time out of the workplace (this is particularly relevant to stay-at-home parents)
- Age and earning capacity (if any)
- Any non-financial contributions made by either party, such as one party staying at home to look after the children
When assessing each party’s contribution to the marriage, the court has made it clear over the years that stay-at-home parents stand on an equal footing with those who work outside the home. Although stay-at-home parents may not contribute towards the family’s finances, they make an equal contribution to the welfare of the family, which is considered to be of equivalent value.
The result is that a stay-at-home parent, or the financial weaker party, could be entitled to receive more of the other partner’s income or assets if this would make the settlement fairer. Often, the financially stronger party will be ordered to make ongoing spousal maintenance payments in order to meet the other party’s needs.
The court’s decision when settling a financial dispute will always depend on the individual facts of the case. For example, a 50-year-old woman who has not worked for the duration of her 30-year marriage may struggle to find a job and support herself financially. She might therefore expect to receive a larger share of the matrimonial assets than say a 25-year-old who earns a similar income to their spouse and could easily start again with a reasonable salary.
What can I do if my spouse owns the family home in his sole name?
Regardless of who owns the property, both parties will have a right to occupy the property until a financial settlement order has been made by the court in divorce proceedings.
Where a property is owned by one spouse in their sole name, the non-owning party will need to take steps to protect their interest in the house and the right to live there, especially in the event of a separation, divorce, or civil partnership dissolution. You can do this by registering your Home Rights with the Land Registry to ensure your rights are protected.
The process of registering your Home Rights is relatively straightforward and involves an application being made to the Land Registry. However, your spouse will be notified of your application.
It is important to note that registration does not prevent your spouse from selling the property. However, if your spouse tries to sell or re-mortgage the property before a decision has been reached regarding the division of your assets, the warning on the property register will make any prospective buyers aware of your interest in the property and the transaction would not be allowed to proceed until this is officially removed.
The Home Rights Notice protects your rights to continue living in the family home and you cannot be forced to leave unless there is an Occupation Order made by the court stating that one spouse must leave the home.
A Home Rights Notice can be removed upon the following events:
- The final divorce order being granted
- The death of either party
- The non-owning spouse applying to the land registry to remove the notice
Returning to work post-divorce
If you stayed at home to raise the children, it is likely that your career has been affected in some way and that you will need to supplement your income beyond that of any spousal support and child maintenance payments agreed in your financial settlement. However, being more financially stable is much better for you and your family, and of course, means that you won’t have to rely on your ex forever either.
The court will expect a party receiving spousal maintenance to transition to living independently of their ex-spouse within a certain time frame, and as soon as is reasonable in the circumstances of the case.
The idea of restarting a stalled career or embarking upon a new one at the same time, or just after, going through a divorce can seem hugely daunting. But approached carefully, it can be an excellent opportunity to find something that boosts your confidence and makes you happy professionally.
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