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Achieving a fair divorce settlement as a stay-at-home parent

On Behalf of | May 1, 2019 | Divorce

If you have dedicated your parenting years to raising your children, you will consider this as a full-time job. While it may not earn monetary payment, it is as important as any other work. As a stay-at-home parent, it is likely that you will have depended on your spouse financially while you fulfilled this role. While financial codependency can work very well within a marital unit, problems can arise if one spouse files for divorce.

If you are worried about your financial future after a divorce, it is important that you understand how divorce law applies to stay-at-home parents in Texas. You have the right to be recognized for your household contributions, and you should not have to suffer financially.

The prevalence of stay-at-home parents in the United States

Many parents decide to put their family above their career once they have children. Reports have shown that more than 25% of mothers and 7% of fathers stay at home to look after their children. Many of these parents are highly educated, with 10% of stay-at-home mothers having a Master’s degree or higher.

Marital asset division laws in Texas

In Texas, community property is recognized. This means that all marital assets are viewed by the divorce courts as being shared, and will generally be subject to an equal split. However, this does not necessarily mean that assets will be split equally. It can be possible for a spouse to try to gain more than half of the assets by arguing that they worked to acquire said assets.

Fighting for spousal maintenance

As a full-time parent, spousal maintenance will be vital for you. It will help you to transition financially into the life of a single parent. However, spousal maintenance rulings can be challenging in Texas. The courts maintain a presumption that spousal maintenance will not be necessary, and you will need to override this presumption by showing why you are in need of financial support after divorce.

It is important that you get the divorce settlement you deserve as a stay-at-home parent. By highlighting the non-financial contributions you have made to the marriage, you are likely to be successful in doing this.