Are Stay-at-Home Parents Entitled to Spousal Support?

Many people view spousal support for stay-at-home parents as a kind of charity. However, that’s the wrong idea.

First, it’s important to recognize that settlement in a divorce isn’t about punishing anyone. Rather, it’s about finding a fair way to disintegrate the lives of two people who formerly lived interdependently. For stay-at-home parents, that often means getting financial support to help them transition to independence.

When thinking about spousal support for the stay-at-home parent, a shift in mindset is often necessary.

Career Sacrifice

Stay-at-home parents make big sacrifices in their careers. The working spouse climbs the corporate ladder while they remain at home and tend to the household. Unfortunately, you can’t add those skills to a resume.

As such, the stay-at-home parent faces a huge disadvantage when divorce happens. They’ve been out of the workforce for years and have a big gap on their resume. Meanwhile, their former spouse has been steadily advancing and increasing their earning power.

The Economic Value of Unpaid Domestic Work

The stay-at-home parent may not ask for a salary, but there’s an undeniable value to the domestic work they do.

This value is hard to quantify since it spans years and covers everything from childcare to cleaning, cooking, and household management. However, a 2019 study by Salary.com estimated the market value of a stay-at-home parent’s labor at $178,201 per year. This critical invisible contribution must be factored into any fair divorce settlement.

Long-Term Financial Impacts

The working spouse in a divorcing couple gains an economic advantage from such opportunities while remaining relevant in their field. Stay-at-home parents, however, don’t get promotions or raises, nor do they add to their retirement savings.

Spousal support can reflect these sacrifices and give the stay-at-home parent the resources needed to rebuild their financial future.

Factors Judges Consider

Judges calculating spousal support consider a variety of factors, including:

• The length of the marriage
• The earning potential of both spouses
• The standard of living during the marriage
• The age and health of both spouses
• The contributions to the other’s career or education

There’s also the question of how long the support should last. Typically, the longer the marriage (and, therefore, the longer the stay-at-home parent sacrificed professional and financial gain), the longer the ensuing support period after divorce.

Rehabilitation vs. Lifetime Support

In many cases, spousal support is intended to be rehabilitative, meaning it provides temporary assistance while the recipient spouse gains crucial job skills or education. This approach encourages financial independence.

However, in long-term marriages where one spouse has been out of the workforce for multiple decades, lifetime support might be more appropriate. The goal here is to strike a balance between fairness to both parties and the realistic prospects for the stay-at-home parent’s future earning capacity.

Finding a Fair Solution for Stay-at-Home Parents

Divorce is never easy, but with the right approach, it’s possible to find a solution that respects both spouse’s contributions and gives each a fair shot at building a new life.

If you need help dealing with the complexities of spousal support, the experienced team at Gucciardo Family Law is here to offer guidance and support. Contact us today to discuss your situation with a compassionate family law attorney.