Stay-at-Home Parent Divorce Rights

As a stay-at-home parent, divorce can be a concerning time. You may be worried about if you can stay in the family home, or if you will get a fair financial settlement. You will be thinking about how you will be able to financially support yourself and your children. As the primary caregiver, you may also be concerned about custody arrangements following your divorce. To begin with, please be assured that the law in England and Wales recognises the contributions of stay-at-home parents and this article helps answer your concerns.

Stay-at-home parents have legal rights to financial support and a share of marital assets. The financial and non-financial contributions made by both parties during the marriage will be taken into account in a divorce settlement. Children’s welfare will always be a priority for the court. Therefore, any arrangements will be aimed at ensuring both parents can provide a stable environment.

As a stay-at-home spouse, you will typically be entitled to a fair divorce settlement. This can include things like the fair division of the family home and any savings, investments, and pensions. You can claim child maintenance to help support your children’s upbringing, and you may be able to claim spousal maintenance. Divorce settlements depend on a range of factors – speak to a family law solicitor for advice about your individual circumstances.

Divorce settlements will aim to ensure that non-earning partner is not left at a financial disadvantage due to have taken on the role of homemaker. It is recognised that raising children and running a household are valuable contributions to a marriage. When dividing assets and considering financial support, the aim is to ensure both parties can move forward with financial security.

Spousal maintenance is a regular financial payment made by the higher-earning spouse to the lower-earning spouse. To claim spousal maintenance you must be able to demonstrate a financial need. Depending on circumstances, this can apply to stay-at-home parents who have given up a career to raise children.

Courts will consider factors such as the financial needs of both parties; the length of the marriage; each person’s ability to earn an income; and the role played by each spouse during the marriage. Spousal maintenance is not automatically granted but may be awarded where there is a significant disparity in financial situations.

This will depend on individual circumstances and in some cases it may be awarded for a fixed period to allow the stay-at-home parent time to gain financial independence, such as through retraining or re-entering the workforce. In longer marriages, maintenance may be awarded for life (but this is rare nowadays) or until the recipient remarries.

As the primary caregiver, a stay-at-home parent may be concerned about custody arrangements. The welfare of the children is the primary consideration and courts generally favour shared parental responsibility, meaning both parents remain involved in their children’s lives. When one parent is the primary caregiver, the court may determine that the children should live with them while the other parent has regular contact.

Financial settlements aim to ensure that the stay-at-home parent is not left struggling after divorce. Key financial rights include: a fair share of marital assets; spousal maintenance (where applicable); child maintenance from the non-resident parent; and pension sharing or offsetting to provide for long-term financial security. Legal advice is essential to ensure all financial entitlements are properly considered in the divorce process.

The division of the family home depends on factors such as whether the house is jointly owned or in one spouse’s name; the financial needs of both parties; and the welfare of any children. Depending on circumstances, the stay-at-home parent may be allowed to remain in the home. However, in some cases, the house may need to be sold and proceeds divided. Alternative arrangements, such as one spouse retaining the home and offsetting its value against other assets, may also be considered.

Divorce law recognises that both financial and non-financial contributions to a marriage are equally important. As a stay-at-home parent, seeking expert legal advice is crucial to securing a fair settlement and moving forward with confidence.

Ready to take the next step? As leading divorce solicitors in Milton Keynes, our team of family law specialists can advise and guide you from the moment we start working with you. As well as our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.