Vacanti Shattuck Attorneys

Understanding Divorce For Stay-At-Home Parents In Nebraska

A man and two children cleaning the floor with a vacuum cleaner - Vacanti Shattuck AttorneysIn this article, you’ll discover:

  • How to best prepare for divorce in Nebraska as a stay-at-home parent.
  • The factors considered in awarding alimony in a Nebraska divorce.
  • How a lack of work history impacts divorce proceedings for stay-at-home parents in Nebraska.

What Specific Financial Challenges Might Stay-At-Home Parents Face When Considering Filing For A Divorce?

It’s common for one parent to take on the role of caregiver while the other focuses on supporting the family financially. Both roles are crucial for the family’s overall well-being and success, but as a stay-at-home parent, your financial dependency on the other party can present significant challenges.

During divorce proceedings, marital assets and debts acquired during the marriage are equitably divided between spouses, and the financial situation post-divorce may not support the continuation of the stay-at-home parent’s role. Obtaining spousal support from the other party may be an option, although it’s not guaranteed.

How Can Stay-At-Home Parents Prepare To Address The Financial Challenges Of Divorce?

In many cases, the stay-at-home parent will likely need to obtain employment following the divorce as maintaining the household and expenses without a steady income is not practically feasible. It is essential to work towards developing a plan to be financially sound and also meet your children’s needs when meeting with an attorney. Divorce can be a complicated process, and it can be a difficult balance given the substantial changes in circumstances often created by divorce or separation.

What Steps Can A Stay-At-Home Parent Take To Gather Financial Documents And Secure Their Financial Well-being Before Filing For Divorce?

Gathering information about your marital assets and debts before filing for divorce can greatly help with financial preparations. Formal discovery methods can be used to obtain this information from your spouse during the divorce process, but gathering this data before filing for divorce can make the process much more efficient.

In many cases, it may not be possible to obtain this information before filing for divorce, as circumstances might prevent access to combined financial records. It is not a requirement to have this information before filing for divorce, and this will not prevent a spouse from filing or moving forward with divorce proceedings.

In Nebraska, assets and debts are typically divided evenly in divorce proceedings. If most of the liquid assets are in the working parent’s name, steps can be taken to gain access to these funds during the divorce process, ensuring you can meet your household and financial needs.

How Might Financial Dependency On A Working Spouse Influence A Stay-At-Home Parent’s Decision-Making Process While Filing For Divorce?

Depending on the circumstances, a stay-at-home parent may obtain spousal support from the other spouse both during and after the divorce process. Generally speaking, some factors the court would consider when determining alimony are:

  • The financial circumstances of the parties;
  • The duration of the marriage;
  • The historical contributions to the marriage, including contributions to the care and education of the children, and interruption of personal careers or educational opportunities;
  • The ability of the supported party to engage in gainful employment without interfering with the interest of any minor children in the custody of each party;
  • And more…

In considering the specific criteria concerning an award of alimony, the court’s polestar must be fairness and reasonableness as determined by the facts of each case. Alimony should not be used to simply equalize the incomes of spouses or to punish one of the parties, but it may be used to assist one spouse during a reasonable time to bridge that period of unavailability for employment or during that period to get proper training for employment. In awarding alimony, a court should consider, in addition to the factors above, the income and earning capacity of each party as well as the general equities of each situation.

Speaking to your attorney about the particulars of your financial circumstances is very important. By pursuing an open line of communication about your financial concerns, you can begin to get an idea of what the outcome of the divorce may look like and start making a plan that aligns with your goals for the future.

Is A Stay-At-Home Parent Favored When It Comes To Custody Arrangements?

Issues of custody and parenting time are determined based on the best interest of the minor children, which is the court’s standard when making these decisions. Naturally, factors such as who has been the primary caregiver for the children are considered in this assessment. While the stay-at-home parent may be the primary caregiver creating favorable circumstances for custody and parenting time, there are many other factors that will be considered, and joint custody arrangements are becoming more and more common.

If one spouse has been a stay-at-home parent and primary caregiver for the children and the other has maintained traditional employment during the week and provided for the family financially, the court will look at all circumstances and the complete picture in order to determine what will best serve the children. Every case is different. With the absence of fundamental deficiencies of one parent or an inability to provide care for the children, the court may very well consider a joint custody arrangement.

How Might A Stay-At-Home Parent’s Lack Of Recent Work History Or Employment Impact Their Eligibility For Alimony Or Spousal Support During Divorce Proceedings?

After a divorce, many stay-at-home parents may find themselves needing to secure full-time employment. While each situation is different, it’s often a practical necessity due to the nature of divorce and separation.

In these cases, a lack of employment or work history can affect the determination for an award of spousal support. When making these determinations, the court considers various factors, including an individual’s employment status and work history.

There is no mathematical formula by which awards of alimony in divorce proceedings can be precisely determined. Rather, they are to be determined by the facts of each case, and the court will consider all pertinent factors in reaching an award that is just and equitable.

For more information on Divorce For Stay-At-Home Parents In Nebraska, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (402) 235-6070 today.

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