Law Office of Joanne Kleiner

alimony

Apr 08

Preparing for Divorce as a Non-working Spouse

How to Approach Divorce if You Are a Non-working Spouse

Divorce can be a lengthy and costly process, and it comes with financial and emotional consequences. For non-working spouses, who often have devoted years to being homemakers, it can be scary as well, as the uncertainties that they face can seem overwhelming. However, they do have options that they should consider as they prepare and begin planning for life post-divorce.

Getting Back on Your Feet Can Take Time

When a marriage ends, you might feel like you want to rush into your new life and forget the past, but the divorce process takes time, and you will need the patience to go through it. The decisions that you make during this period might affect you for years to come, so make sure that you prepare well for it.

You will also need to begin preparing for your life post-divorce, and if you were the non-working spouse, you might worry about how to do this. If you have been out of the workforce for a long time, you might think you need to take the first job you can. However, during and after the divorce itself, you might also look at training and education options that will help you with your employment opportunities. This will take time, but it might result in a better paying and more satisfying job in the long run.

Preparing for the Divorce Negotiations

During this time, you might benefit from seeking guidance from a divorce lawyer, who can help you prepare for the negotiations over your settlement. At thi8s time, you will need to gather financial documents to get a clear picture of the type of settlement that will be just. Some of the documents you might gather include:

  • Bank statements for your savings, investment and checking accounts
  • Credit card statements
  • Vehicle titles and loan statements
  • Property titles and mortgage information
  • Retirement accounts, pension plans and insurance statements

Financial Options for Non-working Spouses During Divorce

You might still be worried about how you will support yourself as you acquire new skills, and this might make you afraid of the future. However, you do have financial options available to you that will help you get back on your feet financially, such as benefits from your divorce settlement, alimony or spousal support and child support.

While alimony payments might eventually run out and child support is used to cover the needs of your child, your settlement might also yield benefits that can help you as you transition back into the workforce. A divorce lawyer might help you understand your financial options.

Making the Tough Decisions

Divorce is also a time when you will have to make tough decisions that will impact you and your family. One of these might be whether to keep the family home or not. For example, for a non-working spouse, it might not be financially feasible to keep the house, so the decision might have to be to give it up during the settlement negotiations or to sell it and receive your part of the proceeds. You need to be prepared to make these tough decisions as you move forward with your life.

Dealing With the Emotional Impact

Like any other major change, divorce comes with an emotional impact. You might experience fear about what is coming and anger about what is ending. You will have periods of anxiety for the future while also being excited about leaving a bad situation. You will grieve for the relationship, the family and the life plan that you have to let go of to begin life after divorce. To deal with this impact, you might gather a support team made up of family members and friends who let you speak and listen to you, and you might seek professional support through therapists or psychologists.

Let the Law Office of Joanne Kleiner Help You

If you are considering divorce, you can contact the Law Office of Joanne Kleiner to request a consultation. Call 215-886-1266 or submit our online form today.

Oct 25

Common Questions Concerning Spouse Maintenance

Spousal Maintenance and the Options

On average, there are more than 35,000 divorces and annulments each year in Pennsylvania. That results in thousands of new people annually who may be entitled to some form of spousal support. In this state, there’s no entitlement, and whether a person receives support is solely up to the discretion of the court.

Is Alimony Limited to Women?

No, it is not. Whether a person is or is not entitled to support is not based on gender. While alimony has traditionally been money paid from an ex-husband to an ex-wife, this is an outdated notion. Men can receive support from women, and support applies to same-sex marriages as well. Statistically, men are less likely to receive support, and there may be many reasons for this, including:

• Traditional gender stereotypes
• Women being more willing to contest it
• Judges influenced by unconscious biases

Can a Prenuptial Agreement Affect Postmarital Support?

If a state allows a prenuptial agreement to dictate spousal support or allow the right to such support to be waived, then yes. In these instances, entitlement – or lack of – is dictated by the contract that both parties have agreed to, and judges are unlikely to overrule that without extenuating circumstances.

What Is Rehabilitative Support?

Rehabilitative support is also called durational support, which means that payments are made for a certain period. Often, a judge will determine that one spouse is not required to maintain the other’s lifestyle forever but just long enough for that person to become self-sufficient up to that level. This kind of support is also often awarded to stay-at-home parents, and the duration of such cases is often until the youngest child becomes 18 years old. Just because support has a termination date doesn’t necessarily mean it ends then. The decision can still be reviewed and amended by the courts.

What Is Permanent Support?

Permanent support is when one spouse pays spousal support until he/she or the other spouse passes. Awarding permanent support means that the judge deemed that one spouse is responsible for maintaining the other’s lifestyle forever. This is often reserved for marriages longer than seven years and when a spouse played a considerable role in helping the other achieve his/her success. It’s possible for permanent support to be terminated or suspended, such as when the spouse receiving support marries or even cohabitates with another.

What Is Lump-Sum Support?

Lump-sum support is a fixed amount paid from one spouse to the other, and it usually has no restrictions regarding situation, such as remarriage, cohabitation or self-sufficiency. Such agreements and decisions are often in lieu of a property settlement. Lump-sum support can also be used to ensure that a certain amount of money is paid to a spouse’s estate after his/her passing.

What Is Temporary Support?

Although rehabilitative or durational support is temporary in a sense, it’s not the same thing as temporary spouse maintenance. Such support is common when a couple separates on a trial basis or have separated but not yet finalized the process. Such support can be an agreement made between the spouses and not involving the courts at all. If the agreement is filed in court, a judge will determine if the agreement is fair and may adjust it as he/she sees fit.

Are There Tax Ramifications?

Yes. The U.S. federal government views spouse maintenance as income. The spouse paying that income is therefore generally allowed to use that payment as a deduction. The spouse receiving that income, on the other hand, must pay income taxes as with any other source of income earned.

Get the Legal Assistance You Need Today

If you’re faced with the prospect of paying or receiving spousal maintenance due to a separation or divorce, assistance from an attorney that focuses on Pennsylvania family law can make a big difference. Joanne Kleiner & Associates has handled many such cases, so contact us today online or by calling our office in Jenkintown at (215) 886-1266.