( 300+)Staying home to raise children is a dream for many women. But when your marriage is on the rocks, many women have questions about stay-at-home mom divorce rights. Voluntarily stepping away from the workforce has consequences, which become clear when you ponder whether to split from your spouse. The good news is that stay-at-home moms should have the same rights as anyone else going through divorce. You can receive custody, a fair share of marital property, and even alimony. But the full story is more complicated, and you should hire an experienced Greenville divorce lawyer to ensure the courts treat you fairly.
Stay At Home Mom Divorce Child Custody
South Carolina courts decide child custody issues based on the child’s best interest. That test looks at all relevant factors, including who has met the child’s needs up to that point. The focus is on which parent can promote the child’s well-being.
South Carolina used to have something called the “Tender Years” doctrine. This rule stated that young children should go with their mothers after a divorce. South Carolina no longer recognizes this doctrine. Instead, the court looks to see which parent has actually provided the care.
South Carolina Code § 63-15-240(B) identifies the most important factors:
- The child’s developmental needs
- The capacity of each parent to meet those needs
- The child’s preference
- The parents’ willingness to encourage a relationship with the other parent
- Each parent’s past and current interactions with the child
A stay-at-home mom likely has an advantage when it comes to custody over a father who works outside the home. You have provided most of the care for the children, especially young children. That means you have developed a strong bond with your child.
Being a stay-at-home mom is probably less of a factor as your children age, however. For instance, a judge will probably consider it less important when children are 15 or 16.
South Carolina Marital Property Division and Stay-At-Home Moms
As part of a divorce, a wife should receive a fair amount of the marital property. This is property you and your spouse obtained while married.
It includes:
- Wages earned and put in a bank account
- Retirement account deposits while married
- Real estate purchased while married, including any homes
- Mortgage payment while married, even if the home was purchased before marriage
- Cars and other personal property
- Crypto and digital assets
- Family pets
Stay-at-home moms worry they will not receive marital property because they did not work outside the house. But the law is clear that most property obtained while married is marital. It doesn’t matter who earned the money, which is used to pay a mortgage or deposited in a 401(k). It also does not matter whose name is on the deed to the home.
The law requires an “equitable” division, which means fair. Courts usually consider dozens of factors, and an equitable division is not necessarily 50/50. However, a judge should look positively at a woman who stayed at home to raise the children. Judges view that as a major contribution to the family, freeing the other spouse to dedicate more time to their job.
Spousal Support in South Carolina and Stay-At-Home Moms
Another issue in a stay-at-home mom divorce is spousal support. You can request that your spouse make payments to you even after ending the marriage.
It is no secret: divorce can devastate a stay-at-home mom’s finances. Having left the workforce to raise your children, you now have the unenviable task of supporting yourself on one income. You might not have recent out-of-home work experience, or you possibly left school early without earning a degree.
Alimony can provide a financial cushion after divorce. South Carolina Code §20-3-130 provides for different types of alimony:
- Periodic alimony, which usually consists of monthly payments from one spouse to the other.
- Lump sum alimony, which is for a definite sum of money.
- Rehabilitative alimony to help get the recipient spouse on their feet so they can support themselves.
- Reimbursement alimony to pay back the spouse out of their ex’s future earnings.
As a stay-at-home mom, you might request any of the above types of alimony. For example, rehabilitative alimony can help support you as you seek more education or work experience. If the children are still young, you might receive periodic alimony.
When deciding whether to award alimony, judges look at many factors, such as the length of the marriage, marital standard of living, and the earning potential of each spouse. As a stay-at-home mom, you can make a strong argument that you both need and deserve alimony.
Other Issues with Divorce
Stay-at-home moms should think clearly about their goals. Let’s say you get primary custody of the children. Related issues include:
- Do you want to stay in your current home? That might be easier for the children, but the house could be too big for you to handle on your own. Have you calculated the costs of upkeep on the property or compared the full expense to rent?
- Do you hope to move out of state to live with your parents or extended family? Many moms like the support that an extended family provides, but moving with children is legally complicated. You should discuss that option with your lawyer now.
- What are the grounds for divorce? Most of our clients live separately and apart for a year, but you might cite adultery or drunkenness. There could be tactical advantages to raising a fault ground.
Elliott Frazier — Family, Personal Injury, & Car Accident Attorneys, LLC is the right firm to contact to discuss stay at home mom divorce rights.
Speak with a Greenville Divorce Lawyer
Stay-at-home moms have unique concerns, and they deserve a lawyer with the right sensitivity to these issues. Hire a lawyer who speaks your language. Our office is happy to meet at a time that is convenient for you to discuss divorce. Contact us today to discuss options. We serve residents in and around the 29605 zip code.
