Working Women & Divorce

Career Choices and Spousal Maintenance

Spousal maintenance is meant to protect the lesser earning spouse from financial hardship following the couple’s divorce. If one spouse opted to stay home or work part time to devote herself (or himself) to the couple’s family, that spouse may seek spousal maintenance in their divorce.

It is rare, but not impossible, for permanent maintenance to be awarded. More often, the court determines what the lesser earning spouse realistically needs in terms of time and support to prepare to reenter the workforce and become self-sustaining. Maintenance is then paid to that spouse for a limited period of time, after which he or she is expected to support him- or herself.

Working Women and Parenting Plans

Despite advances in economic equality between the sexes, women are still more likely to leave the workforce or delay their career advancement by taking less strenuous work in order to stay home with their children. When a divorcing couple has children, each parent’s availability to the children is considered when developing their parenting plan. If the mother is the parent whose schedule makes it easier for her to be with the children after school and handle their day-to-day needs, the court may determine that living primarily with her is in the children’s best interest.

Financial Needs and Realities and How they Work into a Couple’s Property Division Settlement

Many different factors are considered when dividing a couple’s marital assets, and some of these factors relate to each partner’s career. These include: