Does My Spouse Have to Work Full-time?

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DOES MY SPOUSE HAVE TO WORK FULL-TIME?
A Guide for Divorcing Couples
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DIVORCE AND SPOUSAL SUPPORT
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When a couple enters divorce proceedings, one
spouse may be expected to pay alimony or spousal
support to the other
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Spousal support potentially can be ordered in
divorce cases whereby one spouse earns a
substantially higher amount than the other and/or
has a far greater earning potential than the
other spouse
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Spousal support can be awarded permanently based
on the discretion of the statutes of the court
within certain equitable factors and guidelines
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Spousal support can also be temporary based on an
Order to Show Cause when one spouse is unemployed
or earning significantly less than the other
spouse.
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SPOUSAL SUPPORT AND EMPLOYMENT
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If your spouse is not employed at the time of
your divorce, you may NEED TO PAY A LARGER
SPOUSAL SUPPORT PAYMENT
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The general rule related to spousal support and
employment is that your spouse must become
self-supporting within a reasonable amount of
time during divorce proceedings or after the
divorce is final
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DOES YOUR SPOUSE HAVE TO WORK?
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If you wish to pay a larger amount of spousal
support so to allow your spouse to continue not
working, you have the option to do so
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Couples sometimes consider this option when they
have young children for one parent to provide
full-time care
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If you do not wish to support your non-working
spouse, then the court can mandate that the
non-working spouse become self-supporting
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The court will specify an amount of time that
the non-working spouse has to seek employment
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Temporary spousal support may be ordered to be
paid at a higher rate during the time period your
spouse has been specified to become self-
supporting
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FACTORS A COURT CONSIDERS IN ORDERING A SPOUSE TO
WORK
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Upon ordering a spouse to become self-supporting,
the court may consider a number of factors
including the length of the marriage and the
ability of the non-working spouse to find
employment
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Temporary spousal support may be ordered and the
non-working spouse is provided a limited
timeframe for job training, recertification or
other necessary steps to re-enter the employment
field
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IF A SPOUSE DOES NOT BECOME SELF-SUPPORTING
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If your spouse does not become self-supporting as
required by the court, then full-time wages may
be imputed for the purposes of determining
spousal support
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This means if you are the non-working spouse and
choose not to return to work as required, the
court may act as if the spouse has income that
would be earned if he/she had a full-time job
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SUPPORT OBLIGATIONS CAN BE REDUCED
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If the court imputes full-time wages to a
non-working spouse, the amount of support you
are required to pay will be reduced
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Support will be calculated based on what the
non-working spouses full-time wages would be if
he or she was employed
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YOU MAY STILL NEED TO PAY SPOUSAL SUPPORT
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Even after your spouse has returned to full-time
work (or has been ordered to do so) you may
still have the obligation to pay spousal support
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You may be required to continue to pay permanent
spousal support in situations where your earnings
exceed what your spouse can potentially earn even
when working full-time
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SPOUSAL SUPPORT DETERMINATIONS
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The courts decision on spousal support may have
a major impact on your finances
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It is important for all parties involved to be
represented by a qualified attorney when
decisions are made related to spousal support
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Seek advice and assistance from an experienced
attorney to draft an agreement that is fair,
reasonable, protective of your interests and
enforceable
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We invite you to contact us at [phone] to
schedule a consultation
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