What happens to a stay-at-home Mom during a divorce? Will you be able to support yourself? Will your contributions be recognized and honored?
Most stay at home Moms can apply for or negotiate for spousal support during a divorce.
It’s easier to get a sufficient amount when you have help from expert lawyers, especially if you’re a high net worth family. We’re high net worth experts with extensive experience helping Moms get the support they need during the divorce process.
Can you get support during your separation in Leduc, AB? Who pays the bills during separation?
Both parties are generally still responsible for the bills, but there’s nothing you can do to force your husband to keep paying the bills unless you develop a formal separation agreement. If you’re trying to wait through your one-year period before getting a divorce, you may want to consult with a lawyer.
In addition to getting a separation agreement you may be able to get temporary or interim orders to ensure that certain bills get paid while you negotiate the divorce.
How do you apply for spousal support in Leduc, AB?
A stay at home Mom can apply for spousal support. You’ll want to gather three years of tax returns and documents, pay stubs or other proof of income, a list of monthly expenses with receipts, and a list of all your assets and debts.
You then fill out an application for spousal support and file your claim. As your Leduc family lawyers, we can help you do this. We can help you provide the proper evidence and put your best foot forward so that you make your strongest case for receiving support.
Who qualifies for spousal support in Leduc, AB?
Technically either spouse may qualify for spousal support. In reality, spousal support flows from the wealthier partner to the less wealthy partner.
Spousal support is meant to serve certain purposes. It is meant to:
- Recognize economic advantages and disadvantages related to the marriage and its subsequent breakdown.
- Mediate financial consequences from child care that go beyond child support.
- Relieve financial difficulties of the parties that may arise from the end of the marriage.
- Give spouses time to become self-sufficient.
These goals are generally consistent with giving spousal support to stay at home Moms.
How is spousal support calculated in Leduc, AB?
There are two formulas for calculating spousal support. If the case goes to trial, these are generally the methods that the judge will use.
Without Children Formula
The without children formula takes the difference between the gross incomes of both spouses. They then multiply the difference by 0.15, then multiply the resulting number by the number of years the party has lived together to generate a low end amount.
To get a high-end amount you take the difference between the gross incomes of both spouses and multiply the number by 0.02. Then that number is multiplied by the number of years the parties lived together. The result is the high-end amount.
In either cases, the maximum that will be paid results in the parties having equal incomes.
This means that yes, if you can find a job sooner rather than later you can do so without eliminating your right to spousal support.
Here is an example. Spouse A makes $150,000 per year. Spouse B makes $25,000 per year. They were married for ten years. The low end spousal support amount in such a case would be $18,750 per year, or $1562.50 per month.
The high end would be $25,000 per year, or $2083.33 per month.
While neither amount would equalize the spouse’s income, it would give Spouse B more resources to meet their expenses and would recognize the economic sacrifices that Spouse B made to support Spouse A’s life and career.
With Children Formula
If you have children, the basic formula calculates the net disposable income of each party after taxes, deductions, and child care expenses, and leaves 40 to 46% of the total to the recipient of spousal support.
Lawyers usually use software to calculate the “with children” formula, as negotiating what is and is not disposable income can be difficult.
Negotiating Spousal Support
Any figure the formulas produce really just serves as a starting point for negotiations. There is no federal law which requires spousal support. It’s not like child support. While we can generally assume that a SAHM will be awarded spousal support if a case goes to trial, nothing is guaranteed.
Generally we urge our clients to understand what’s realistic in their case and to negotiate a figure somewhere between the best and worst case scenarios. We may also negotiate a lump sum payment, or help you attain an income-bearing asset instead of a monthly spousal support payment. We always keep our eyes on the end goal and result: ensuring that you can support yourself after your divorce.
How long will you get spousal support in Leduc, AB?
Judges generally award spousal support for ½ years to 1 year for every one year of marriage.There is an exception: if you can take the length of your marriage, add it to your age, and get a number higher than 65 then you may be eligible for a lifetime spousal support award.
Again, this is just a starting point for negotiations. Some clients choose to forego lifetime awards for higher initial amounts or lump sum payments. Some clients take smaller payments to get longer awards. It all depends on what’s best for you and your life moving forward.
Get Help Today
We’ve helped thousands of Leduc residents resolve their spousal support cases. Our top-notch legal team has 20+ years of experience with divorce and family law, and are passionate about helping you get a fair deal as your marriage comes to a close. We’re responsive, empathetic, and tough.
Schedule your first appointment by calling (780) 474-7777 now. We’re here to help.