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Divorce and the Stay-At-Home Mom

Posted: 11/21/11 12:15 PM ET

Divorce is a life-changing experience for any family. For the stay-at-home mom, the consequences of ending a marriage can be even more dramatic. Many stay-at-home moms believe they will be able to maintain their current lifestyle after a divorce. This is often not possible. With this in mind, we offer a few suggestions for stay-at-home moms to consider before initiating the divorce process.

Obtain Financial Records
Perhaps you are in the beginning stages of the divorce process, and you are still considering whether or not you want to move forward. One of the most important things for you to do is to establish a snapshot of your finances. You will want to make a personal copy of your financial records and important information. This includes assets as well as debts, and may include letters, emails, texts, photographs, recordings, home closing documents, mortgage information, automobile titles, non-retirement account statements, retirement account statements, tax returns and supporting documents, monthly bills, and credit card statements. You will want to keep the copies in a safe place, so you will have easy access to them.

Meet with a Financial Planner
Once you have a personal copy of all financial records in your estate, you may want to consult with a divorce attorney, before you meet with the financial planner, to discuss the potential benefits and protections of meeting with a financial planner through your divorce attorney. You will want to meet with a financial planner that is independent of your marital estate. A financial planner can quickly compile your financial information, to provide your legal team with a fair and accurate summary of the marital estate and monthly budget. The financial planner's purpose is not to leverage outcomes, but to provide a summary of your current financial situation. You will learn the value of marital assets, the balance of the marital debt, the net worth of your estate, and what the cost is to run the household each month. With this information, you may contemplate next steps, including the timing of a potential divorce filing, possible employment outside the home, and re-education possibilities.

Consider Division of Assets
Keep in mind that with divorce comes a division of assets. If your husband was the sole breadwinner and must now pay for a second residence, the monthly household income will be affected and, as such, so will the monies for monthly expenses. For example, your husband's income may not support both your current home and an additional residence, so other options may need to be considered, including employment outside the home and the sale of assets.

Learn About Alimony
Depending upon your state of residence, you may be entitled to alimony. States law varies considerably on the issue of alimony. In some states alimony may not be an option, and in others, the amount of alimony may be determined by the length of marriage. Furthermore, there may be limits upon the duration of the alimony after the divorce. In many states such as Texas, Florida and Maine, judges are given strict guidelines to follow. These laws are evolving as two income households become more prevalent. You should research your state's laws and get an idea of what amount of alimony you may be entitled to after divorce. An experienced attorney will know the laws of your jurisdiction.

Learn Child-Support and Domicile Restriction Laws
If you are awarded custody of the children, your child's father may be required to pay child support following a divorce. The amount will vary, depending on the state and the income level of the father. Child support does not typically cover all child-related expenses. You can work with your legal team to find out how much you can expect to receive each month. Knowing this information at the beginning of the legal process may be beneficial to you as you make plans for the future.

Many courts restrict where children can live after divorce. This is often referred to as a residence restriction or domicile restriction. In many jurisdictions, if a father continues to live in close proximity to the children after the divorce, the children will be required to live in a certain area. If the father moves outside of the designated area, the domicile restriction is usually lifted and the mother and children are free to move outside of the designated area. Every jurisdiction is different; therefore, it is important that you know the policies and laws of your jurisdiction before you file for divorce.

Make A Plan
Before you decide to move forward with a divorce, you will want to have a plan in place. Some states require a waiting period of a year or more, before a divorce can be finalized. This time of transition can be stressful for both you and your children. Often, the more time you dedicate to research and organization at the beginning of this process, the easier the transition will be for you and your family.

Visualize The Life You Want To Lead
If you decide to proceed with the divorce, you will be starting the next stage of your life. Think about how you will meet your financial obligations and where you will live. Many things will change for the better. Many things will be more challenging. We advocate visualizing what sort of life you want to lead when you are no longer married. This process helps you mentally prepare for this new stage in your life, and the challenges and joys you will face.

 
Divorce is a life-changing experience for any family. For the stay-at-home mom, the consequences of ending a marriage can be even more dramatic. Many stay-at-home moms believe they will be able to mai...
Divorce is a life-changing experience for any family. For the stay-at-home mom, the consequences of ending a marriage can be even more dramatic. Many stay-at-home moms believe they will be able to mai...
 
 
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10:10 PM on 12/14/2011
My ex is a high earning lawyer who decided to move to Florida for his career, while I quit my job..He didn't wanted to be married but I divorced him when he wouldn't allow me to see my kids. I paid for his law school. I've got an illness meaning I'll never earn the money I once did, and I stayed home with our kids for 10 yrs. I bought a house, got a loan based on my income as stated in divorce CONTRACT. Why can Florida void my CONTRACT? This will NEVER hold up under judicial review.
08:52 AM on 11/26/2011
Most moms would give anything to be able to stay at home with their kids in the first place.
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blarneydude
I can handle the truth. Now let's talk about you.
03:38 PM on 11/24/2011
If you are a stay-at-home mom, and you are planning a divorce, a critical part of your divorce plan should be: where you are going to live, starting day one of the New Life...and how YOU will pay for it.

All the stay-at-home "services" women talk about as having all this uncalculated monetary value cease, from the husband's perspective, when (frequently well before) the divorce is final. If you are getting custody, the husband should pay HALF, max, what the support costs are for the kids. He should not pay for the roof over your heads; that is now YOUR responsibility. He should not pay for the car; that is now YOUR responsibility. I could continue; but you see where this is going.

If you don't need the husband anymore...stop leeching off him. If you insist on doing so, great.

Just let him know what nights you will be over to cook, clean, decorate, do laundry and provide all those other "economic services" you are withdrawing, as part of the divorce agreement.
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10:49 AM on 11/25/2011
Leeching off of him??? You have GOT to be kidding. I had a wonderful career before I married my husband. It provided for me & fed my 401K. When I married my husband and had young children I stopped to be at home & take care of them. My husband had a ridiculous travel schedule & I would never have found a day-care or nanny who would keep the schedule that our lives necessitated. In addition, my husband's job required multiple corporate re-locations. I'm supposed to go on an 8-month job search, only to work 4 months, before we are re-locating again? And who handled all of these moves? That would be me (with two babies tucked under my arms at all times). Let me assure you, having been a career-woman, with a pretty stressful job (in management position); absolutely nothing compares to the stress of day-in-day-out NOT childcare. No showers; no 'lunch break'; no 'bathroom breaks'. Dealing with crisis' that can sometimes be life or death (allergic reactions). It is beyond the stressors of a normal job. But that is neither here, nor there... the fact that you can't understand it actually is a 'sacrifice' for some women. It is a sacrifice made for the family unit. My 401K took a hit; a sacrifice. My career took a hit; a sacrifice. And you don't think these things are worth anything????
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blarneydude
I can handle the truth. Now let's talk about you.
10:56 AM on 11/25/2011
You did them. Many don't lift a finger. Makes me crazy how many people think their story is THE story. Divorces should be negotiated on a case by case basis. They aren't. The operative presumption is: man pays. I hope you are not denying that.
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contradiction
Share the luv, money and healthcare.
04:43 PM on 11/23/2011
In reference to some of the posters here..... I can smell bitter a thousand miles away.
05:00 PM on 11/24/2011
No. If you smell something bad it is probably manure.

It is what the selfish and greedy spread all over the place -- on their children and their divorcing spouse and themselves -- in a divorce.

They must not be able to smell it as well as the children and others.

I guess some people can get used to the smell of manure if they are spreading it around all day. (And it is said that some people don't that think their doesn't smell.)

But it is left all over the place.

Check your shoes.
08:52 PM on 11/22/2011
I don't think anyone can keep the same standard of living after a divorce.

Almost all the advice here would apply to any person getting a divorce, whether they stayed at home or not or even had kids. This article isn't really all that useful to an at-home parent.
11:21 AM on 11/22/2011
What happens sometimes is that divorce-initiating spouse wants a "partial divorce" -- they want to be able to end their responsibility for making a contribution to the life of their divorcing spouse but they want to continue/maintain the responsibility of their divorcing spouse for making a contribution to their life:

"I don't want to cook for and clean for and share parenting with the jerk ... I want him out of the house and I want to have the children to myself. ... I just want his money."

Sometimes also ...

"I don't want to have to get a job either. When will I get to watch my soaps?"

and ...

"I want the very same life I had -- except with him gone physically but not financially. I want him in an apartment and mailing in monthly checks or dropping them off here with me at the house every other weekend when I let him see the children for a few hours."
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John Bobrowski
12:29 PM on 11/22/2011
Before I filed, mine obliquely invited me to elect that result -- but wanted me to stay married. Just leave her to run the assets, my money, and our child.
09:25 PM on 11/22/2011
if you still have kids, they still need support.

the other big issue is that if they've been out of the labor force taking care of your kids, they don't have the same ability to earn money that you do.
11:20 PM on 11/22/2011
But you should take that into account BEFORE you decide to file for a divorce, right?

You want "freedom" and "independence"? Great. Get a job and support yourself independently.

Divorce will change the situation of the divorcing family. That includes everyone in the household.

If you had the privilege of staying at home with the children while your divorcing/divorce spouse worked and earned for the household before the divorce, after the divorce that you had that privilege should be taken into account -- it will become your turn to work and maybe your divorcing/divorced spouse's turn to have extra time with the children.

That would be fair, wouldn't it?

It is hard to get a job after being out of the workforce? In today's economy, it is hard for everyone. Fewer people have the same ability to earn money in a bad economy.

Divorce should not be an ongoing free ride for someone simply because they previously had the privilege of staying at home with the children.
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Robyn Singleton
screw you guys, Im going home
03:42 PM on 11/25/2011
NO..she shouldn't have been laying around doing nothing..she should have been at work...
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08:18 AM on 11/22/2011
This really isn't representative of most marriages. Today only a quarter of today's mothers are stay at home. According to US Census report, a stay at home mother is typically poor, uneducated­­­, has two or more preschool-­­­aged children or is hispanic. Their divorce is unlikely to provide a financial windfall.
http://www­­.census.g­o­v/popula­ti­on/www/­soc­demo/A­SA20­10_Kr­eider­_Ell­iott.p­df
09:47 AM on 11/22/2011
So, just what percentage of marriages does it have to apply to before you think it's worthy of posting? BTW, "a quarter of today's mothers" is due partially to the fact that nearly half of all mothers are single parents who can't stay at home. Many millions of parents stay home with their kids--that is sufficient to warrant this good and useful piece in my book.
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10:04 AM on 11/23/2011
I should clarify. That is a quarter of _married_ mothers are stay at home, not all mothers. The number of Kim Kardashian articles in the Huff Post would lead one to believe that corner demographics are common. They aren't. This article emphasizes financial aspects of a stay at home mother seeking a divorce. It is misleading in several ways. First because stay at home married mothers do not represent most divorces so the audience is limited. Second stay at home mothers tend to be either a temporary situation (because the children are preschoolers) or the family is poor. Neither case is likely to produce a significant financial windfall that warrant the level of detail promoted in this article. No doubt there are cases where it will but like Ms. Kardashian, they are few and far between.
08:54 PM on 11/22/2011
I think it's more complicated than that. Most married moms don't work full-time. Many moms have spent some of their lives as at-home moms.

Stay-at-home moms certainly tend to have preschool aged children, but I don't think the poor and uneducated part fits. I think it's a middle class but not rich or professional phenomenon.
03:56 AM on 11/22/2011
I think anyone who is young enough to make a living should. Does it require sacrifice of what you want for your kids, to come home to a mom who can help with homework and ferry them to their activities? Sure, no question. But the alternative is not realistic for most families. Being a sah parent for more than a few years is a tremendous risk for the sahp and the children if there is a divorce.

Ideally, marriage is a partnership and both parties value each other's contribution. Many will say that a sahp need not be compensated since the stay at home parent benefits from the fruits of the working parent's labors. This premise is infantilizing. It sounds like the sahp is a dependent and a burden on the working spouse, offering nothing of value to the family.

I would advise against staying home for more than two years, suggest that sahp keep skills and contacts current, do volunteer work that is meaningful to those skills. I would also say: Get paid for staying home. Not passive pay as in enjoying the things the working spouse pays for, but actual money. If one parent agrees to provide a service to the family, he or she should be treated like an equal partner who has earned a share of the family income.
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WilliamL
06:11 AM on 11/22/2011
A rational position but is not always realistic esp. when the children are very young and there arrive close together, a few years apart. Anyone who has ever been a stay at home parent for an infanct and toddler knows that there are only so many hours in the day. Considering the hour demands of most all careers these days, most often when the primary income earner returns home from their day, there is very little day left to do anything else aside from bathing children, feeding children, and prepearing children for bed in addition to the nec. times to maintian a home.

During those years, the burnen of insuring the stay at home parent, male or female, is upon the primary income earner. It is their responsibility to insure the stay at home parents gets the support, time, and resources they need that will enable them to return to work when the time comes. Too often, the primary income earner, after years of building a career for themselves have the attitude that 'poo' the primary care give can just jump back into a career and back to work. It is tough enough for women to do so but for men it is very difficult. On a basic level, stay at home parents are vulnerable due to the opportunity of some primary income earners willingess to exploit the position of the stay at home parent.
09:04 PM on 11/22/2011
Why isn't doing work for the family making a living?

Being an at-home parent isn't usually about helping kids with homework so much as taking care of small children. It's a full-time job like any other job, except the pay sucks.

I'm not sure that giving a salary to an at-home parent is that meaningful. Generally speaking, the couple has to spend all their money on living expenses. So the salary would be half the income and then you'd both put your money back in the pot to pay for your kids' clothes. Now if you have extra for the parents to play around with, two accounts are good.

My advice to an at-home parent is to have joint accounts and be the one who pays all the bills, does the budget, and the taxes. Know what's going on. Value your contributions to the family and have an equal say in how the money is spent.

What I'd really like to see would be a law allowing couples to jointly own IRAs.

Only staying home two years may be good financial advice, but it's not great for child raising. Two kids two years apart until they hit school full-time take six to eight years.

However, I agree with you that at-home parents should make plans for what they will do once the kids are older and how they will transition back to the workplace.
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WilliamL
08:34 PM on 11/24/2011
Being a stay at home parent is work as it requires labor but not all primary income earning parents look at it that way regardless if the work is done by a male or female.
01:27 AM on 11/22/2011
"Go get a job!" after 14 years away from the work force raising three children, and in a deplorable economy is abominable. That insensitivity underlying the relationship in general caused the demise of my marriage. I would give anything to get a job this very moment, thank you. I would give anything to pick up where I left off 14 years ago when I was a successful sales executive. But I am now 57, 14 years of "antiquity," and competing with young, vivacious women. For a 16-year marriage, I have received barely two years of alimony and child support. Ex got fired in Nov 2010, severance ran out in Aug 2011 and has since gone on to run his own "business." Spousal and child support combined since Aug 2011 is down to a meager $2k. God only knows when I will see a dime from his business. Everyone knows how income is easily hidden when running one's own business.
11:14 AM on 11/22/2011
"Spousal and child support combined ... is down to a meager $2k"? I am sorry but $2,000/month (post taxes) is not "meager".

Who initiated the divorce and were the financial consequences of divorce considered at that time? (Sometimes divorces are initiated with stars in the eyes but most of the time feet remain on the ground -- planted in reality.)

How much has been spent on legal fees in the divorce? (Divorce lawyers sometimes end up with the equivalent of multiple years worth of alimony/maintenance/support. Then the divorced spouses realize that they would have done better to split that and keep half for themselves. Would the money that you paid in legal fees be nice to have in your pocket/account now that you are in a time of apparent financial difficulty? There is a lesson in that for those who want to litigate a divorce.)

Why don't you start a business of your own? What are you good at? Make a career of it.

It may take you a year or two of hard-work/diligent effort to get a business going -- but go do it.

Doing for yourself is probably a better life strategy than complaining about or making your life/situation be about your divorced husband?

If you initiated the divorce, then be responsible for your choice. You wanted a divorce. So BE divorced.

(In any event, you are divorced. So BE divorced.)

Take responsibility for own life.
11:59 AM on 11/22/2011
And, how do you know that it wasn't because of her lawyer that she even gets 2k/mo.? It may be, and it may not be, but you don't know. You just imply she was foolish to pay one.
You say 2k/mo. is not "meager?" Can you live and raise 3 kids on 24k/yr., some of which IS taxable? It's damn hard.
BTW, it takes money to start a business.
12:06 PM on 11/22/2011
I am glad you have it all figured out. BTW, $1200 of the $2k is taxable. Happy Thanksgiving!
08:45 PM on 11/21/2011
Very good advice. All I can add is to investigate collaborative divorce and see whether or not that is an option. Often, it is not; but, if it is, it is best for all concerned.
06:02 PM on 11/24/2011
What is best for the divorcing household (including the children) is for the divorcing spouses to negotiate the divorce for themselves without divorce lawyers and to divide in half and share what otherwise would have been expended on divorce lawyers.

Smart people handle divorce in that manner.

Smart people don't take the college fund of their children and transfer it to the college funds of the children of their divorce lawyers.
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Beverly Willett
Writer, lawyer, Co-Chair, CDR
08:41 PM on 11/21/2011
If you're a stay-at-home parent and get divorced against your will (which can happen in any of our 50 states under no-fault), you are in for a rude awakening.
http://www.huffingtonpost.com/beverly-willett/are-stayathome-parents-at_b_907792.html
Beverly Willett, Esq.
Vice Chair, Coalition for Divorce Reform
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WilliamL
06:24 AM on 11/22/2011
It is true and a sad fact that those parents, men and women, who agree to be stay at home parents to help support the family and in turn the primary income earning spouse are often the victims of their own sacrifice and good faith efforts.

Even though stay at home parents do have a lift long last positive impact upon early childhood development by being the stable parent in the home, by contributing to a childs sense of security throught consistent presence and routine in their lives, primary income earners will exploit the spouse who contributes not only to the children's lives, the family, but also to the careers and income of the income earning spouse.

It is trully a vulgar let alone unfair situation faced by parents and spouses who dedicate their lives to children and the family only to have the working spouse leave the house to go out and press the flesh and return one day to inform the parent at home that they have been seeing other people. It is a reality faced and an ugly one at that.
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Beverly Willett
Writer, lawyer, Co-Chair, CDR
08:15 AM on 11/23/2011
Thanks for your comment. I couldn't agree more. What has happened to people's hearts?
09:08 PM on 11/22/2011
good article, thanks.
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Beverly Willett
Writer, lawyer, Co-Chair, CDR
12:51 PM on 11/27/2011
Thank you! I wish you well.
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WilliamL
08:02 PM on 11/21/2011
The comments by men and being a stay at home parent are repulsive and clearly none of them have ever cared for children-infants-toddlers. Repulsive and simply assanine. Seriously, you guys are embarressing yourselves with such non-sense.
06:23 PM on 11/24/2011
The privilege to stay at home and raise children requires the financial means.

In the stay-at-home parent situation one (working) parent creates the financial means and the other (at home) parent is granted the privilege.

And just because a parent is the privileged/at-home parent does not mean that parent is the "better" or even a good parent. Half of parents are below average.

In any event, the at-home/working arrangement is well and good when there is a marriage.

But divorce changes things.

The at-home parent who decides to initiate a divorce should have no expectation of continuing the privilege during or after a divorce.

Parenting of the children will change in a divorce. The former at-home parent will need to share the privilege of child care. The former working parent will want a greater role in the lives of the children. Each parent should have shared joint custody and equal placement time with the children. That result is best for the children.

If you are an at-home parent and want a divorce, your pre-divorce planning should include getting yourself a job and accepting that you no longer will have complete control over the children.

==> What happens when the at-home parent wants it all ways in the divorce -- the house, the children, the money and no need to get a job -- is divorce at its worst.

And THAT, my friend, is repulsive.
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WilliamL
07:40 PM on 11/24/2011
True. Most often it is the situation that women are the stay at home parent and if they want it all-they usually get it. And when the situation is reversed, the husband is the stay at home parent and the primary income earner is the wife, they most usually get all due to the at home parent being without means to support. Either way, most often, it is the husband who gets the shaft-if they are primary income earners or stay at home parents. Not always but very often. And yes, that is repulsvie and is usually the case. Such is why my patience with some of the rhetoric of the emphases of female empoowerment being centered on their sex, their money, their income, their career. Women say they want men/'husbands to be more involved and when they are, they are set up nicely to get the shaft and due to the legal climate that makes it favorable to do so, they need no reasons to levie the shaft upon the husband who has either supported the family through financial means or by supporting the family and her carreer by being a stay at home parent.
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hman570
06:34 PM on 11/21/2011
What is all this crap, a mother that stays home to raise a family is a thing of the past. You need two pays to even keep your head above water today. A stay at home woman need tips for the line to know how to screw over her husband in court? Where do these people come up with these things, they must be lawyers!!
07:32 PM on 11/21/2011
I was fortunate enought to be able to stay at home and raise my children. I feel blessed that I was able to be a stay at home mother. I did provide daycare for several other children to produce income. I wouldn't trade those years with my children for anything!
08:47 PM on 11/21/2011
Most families I know have a stay at home parent--usually at great financial sacrifice. They do it because they think it is important for their children. My brother and sister both stayed home with their kids.
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hman570
08:57 PM on 11/21/2011
That's great but there are millions that have both parents working, while there kids run amuck. What can I say your one of the lucky one's that have the money to stay home.
05:42 PM on 11/21/2011
If you and your SO can be mature about it (that's often difficult), you can avoid feeding the lawyers, arbitrators, financial consultants, divorce mediators, etc. After all, the more the 2 of you give them, the less each of you comes away with.

My ex and I divided up the assets, I paid her some alimony and bought the house from her. The cost to me was substantial, but at least it went toward the purchase of real assets, not money thrown away on divorce industry services. We divorced uncontested, no kids and ended up paying only the $25 recording fee. It's never easy to divorce, but it doesn't have to cost you everything, either. Both parties have to realize that giving money to 3rd parties only makes you both poorer.
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