What Are the Legal Rights of Women in Divorce?

By Beverly Bird

Marriage is a binding legal contract. Two people obligate themselves as partners, presumably for life. But marriage doesn’t always last forever -- and when one spouse ends it, he still has certain contractual obligations to the other. The law doesn’t permit men or women to simply walk away from the union without potential responsibility for the other’s welfare.

Financial Support

Some states, such as California, have wiped the word “alimony” from their legislative codes, but that doesn’t mean the concept doesn’t still exist; the name is just different. Also called spousal support or spousal maintenance, in most states you have a right to it if your husband’s income is significantly more than yours or if you need time to get back on your feet after the divorce. Women in long-term marriages are more likely to receive support than those in marriages that last only a few years. Rehabilitative support is most common, ordered for a limited period of time so you can go back to school or otherwise acquire job skills to improve your income. You can ask for support as soon as one of you files for divorce; this is “pendente lite” alimony, intended to last while your divorce is pending, until a judge enters a final order.

Marital Home

If you and your husband purchased a home while you were married, you usually have a right to a portion of its equity, even if you didn’t contribute to mortgage payments. Exceptions might exist if your husband made the down payment with inherited or premarital funds. If you have children and you’re the custodial parent, you can ask the court to award you possession of the home while your divorce is pending. Courts are most likely to order sole possession to avoid uprooting your children by making them move elsewhere -- and if your husband’s presence in the home is causing a hardship. It doesn’t mean you’ll get the entire home when your divorce is final, however. If the home is solely in your husband’s name, you can ask the court to block him from selling it until a judge can decide your share in it.

Divorce is never easy, but we can help. Learn More

Retirement Benefits

Even if your husband never made cash contributions to his pension benefits during your marriage, you are usually still entitled to a portion of what accrued between the date of your wedding and the time you break up. Pensions and retirement benefits are marital property, just like your home and other investments. Calculating your share can be a complex equation and is best left to experts, but you do have a right to a percentage of their value.

Legal Fees

Most states will not allow you to suffer a disadvantage in divorce proceedings because your husband is able to afford a top attorney and you have no money to retain one of your own. Some jurisdictions will set aside a portion of marital property for liquidation so you can pay a lawyer. Others may order your husband to pay your legal fees as well as his own, if his income is significantly more than yours. When you consult with an attorney, ask about your state’s provisions for such situations.

Divorce is never easy, but we can help. Learn More
What are the Rights of an Unemployed Wife in a Divorce?
 

References

Related articles

Divorcing a Retired Man

If your husband has retired, your divorce will probably only address finances and property. Your children are probably adults by now, so issues of custody are not likely to be an issue unless you married a much older man. However, you may have to deal with myriad other factors because your husband is no longer working.

Wife's Rights for Alimony in a Divorce in California

Wives typically don't have an automatic right to alimony or spousal support, no matter where they live. In California, alimony is determined on a case-by-case basis, taking into account the particular details involved in each marriage. Judges are statutorily obligated to consider several factors, but ultimately, it's their interpretation of these factors that determines whether alimony will be awarded and, if so, how much.

How to Remove the Responsibility for Mortgage Payments in a California Divorce

When you contract for a mortgage, there are only two ways to eliminate your responsibility for paying it: you can refinance it into someone else’s name or you can pay it off outright. Either way, your responsibility ends when the lender gets its money. Both options are possible – and advisable – when you divorce.

Get Divorced Online

Related articles

Legal Implications of Divorcing an Unemployed Husband

If you are divorcing an unemployed spouse, it makes a difference whether his lack of work is voluntarily or ...

Wife Rights During Separation Before a Divorce

All spouses have certain rights, but they’re usually not enforceable without court intervention. Before the court can ...

Men's Rights to Spousal Support for Assets & Debts in a Divorce in California

Due to societal norms, men may think the court system disfavors granting spousal support to a husband upon divorce. On ...

List of Mother's Rights in a Divorce

Divorce can be a difficult process for anyone, but it can be even harder if you're a parent who has stayed home with or ...

Browse by category
Ready to Begin? GET STARTED