Premier Family Law Attorneys

What Issues Come up for Women in Divorce?

Women have unique concerns in divorce when compared to men. These touch on issues related both to children from the marriage as well as property. One question that often concerns divorcing women or those contemplating divorce is how much money they will receive in child support.

Child support is calculated using a specific formula unique to each state. The calculation can be affected not only by deductions but also by court orders. It can be difficult to know exactly how much one would receive at the beginning of the divorce, but most states have online child support calculators to give folks some idea.

Spousal maintenance is another concern for women, particularly for those who gave up a career to maintain the household and care for children. The amount a divorcing woman will receive depends on various factors, including financial need. One important distinction to keep in mind is spousal support versus spousal maintenance. The former is temporary while the latter is ongoing. To receive spousal maintenance, a woman typically needs to have been married to her husband for a set number of years and be able to show a significant income disparity, lack of work opportunities, and a poor job market. Spousal maintenance comes with some limits established by states.

Last but certainly not least is child custody. Many divorcing women feel they are going to want primary custody, meaning the children live with them. This usually requires a showing that one has been the primary parental figure, and/or that the spouse is unfit to be the primary parental figure. This can be done in a variety of ways.

These are not the only issues that can come up for women in divorce, but they are very common ones. Working with an experienced attorney through these matters can help ensure the best outcome in the case.

Source: Huffington Post, “Top Three Concerns of Divorcing Moms,” Natalie Gregg, April 26, 2013.