Securing Fair Spousal Support Outcomes for Stay-at-Home Parents

Being a stay-at-home parent can be one of the most rewarding and demanding jobs in existence. Parents raising their children generally dedicate all of their time to meeting their children’s needs and caring for the household. They plan meals, orchestrate family travel and oversee medical matters. They clean, cook and educate.

The services of a stay-at-home parent allow for a positive and healthy upbringing for the children in the family. They also allow the other spouse to focus entirely on their career. Stay-at-home spouses are at a disadvantage during divorce proceedings. They sacrifice their career developments and stability for the benefit of the family, which makes it hard for them to quickly become independent again.

Spousal support, also known as spousal maintenance or alimony, can play a major role in ensuring a fair outcome when spouses divorce. However, stay-at-home parents generally need to understand their rights if they want a fair and reasonable outcome.

Spousal support is not automatic

Stay-at-home parents might assume that the South Carolina family courts should automatically provide them with spousal support when they file for divorce or their spouse files. However, spousal support is not automatic. Instead, the spouse in need of support must petition the courts. They must prove that they qualify for ongoing support based on their current financial circumstances.

The courts consider various unique factors when determining if spousal support is necessary. The length of the marriage, the standard of living during the marriage, the income and earning potential of each spouse, the health of each spouse and sometimes even marital misconduct can influence rulings on spousal support.

There are actually several types of support available under state statutes. The courts can order reimbursement alimony to offset the costs of education or training secured during the marriage. If the wage-earning spouse used marital income to advance their career, the courts can order the wage earner to reimburse the other for a set amount of expenses.

Rehabilitative alimony is another option. It involves payments while the stay-at-home parent seeks education or takes an entry-level job to rebuild their earning potential. Permanent or periodic alimony is sometimes an option after a longer marriage or in cases where one spouse truly cannot support themselves after a divorce.

Pursuing financial support after a divorce can be a complicated process, but it is often necessary for stay-at-home parents who want to obtain a fair outcome and support their children after their marriages end. Spousal support can easily complicate divorce negotiations or litigation. As such, those anticipating a contentious or complicated divorce often need assistance as they learn about the law and prepare for family court, and that’s okay.