I Do Not Have an Income: How to Divorce Your Spouse in a Single-Income Household
Divorce is challenging, but it can feel especially overwhelming if you do not have an income of your own. If you’ve been in a marriage where your spouse was the sole provider, you may be wondering how you can afford to divorce them, cover legal fees, or support yourself after separation. Fortunately, there are legal protections and options available to help you move forward, even if you’ve been financially dependent on your spouse.
Understanding Spousal Support (Alimony)
One of the key factors in divorcing when you do not have an income is spousal support, also known as alimony. The court recognizes that in many marriages, one spouse may have sacrificed their career to support the household or raise children, leaving them financially vulnerable in the event of a divorce. Spousal support is designed to help bridge this gap and provide the non-earning spouse with financial assistance.
There are different types of spousal support that the court may award, including:
- Temporary Support: This is financial assistance provided during the divorce process to help cover your living expenses and legal fees.
- Rehabilitative Support: If you need time to gain job skills or education to re-enter the workforce, rehabilitative support may be awarded to help you get back on your feet.
- Permanent Support: In cases where the earning potential of the non-working spouse is significantly lower than the other spouse, permanent alimony may be awarded to provide ongoing financial support after the divorce is finalized.
How Can I Afford a Divorce Without My Own Income?
If you are in a single-income household and have no money of your own, you may be wondering how you can afford to pay for a lawyer and other divorce-related expenses. Here are some options:
- Request Temporary Support: As mentioned above, you can request temporary spousal support during the divorce process. This can help cover legal fees, living expenses, and other costs.
- Seek Court-Ordered Payment of Attorney’s Fees: In some cases, the court may order your spouse to pay for your legal representation if you do not have the resources to afford it.
- Free Legal Aid or Sliding Scale Fees: Some legal aid organizations offer free or low-cost divorce assistance based on your income level. This can be an option if you cannot afford a private attorney.
Your Rights as a Non-Earning Spouse
It’s important to understand that, regardless of whether you have an income, you still have legal rights in a divorce. This includes rights to marital assets, property, and potentially spousal support. The division of assets and the awarding of alimony are not based on whether you’ve been the breadwinner; they are based on the overall financial picture of the marriage, including contributions made by both spouses.
If you’ve been a stay-at-home spouse, cared for children, or supported your partner’s career, these non-financial contributions will be considered by the court when determining spousal support and property division. You don’t need to feel trapped in a marriage because you don’t have an income.
Steps to Take When Divorcing Without an Income
Here’s what you can do if you’re ready to pursue a divorce but do not have a personal income:
- Gather Financial Information: Start by collecting financial documents, including bank statements, tax returns, pay stubs, and information on any marital assets such as real estate, investments, or retirement accounts. Understanding the financial picture will help your attorney advocate for a fair settlement.
- Consult an Attorney: Speak to a divorce attorney as soon as possible to understand your options. An attorney can help you file for spousal support and temporary orders to cover your expenses during the divorce.
- Create a Budget: Determine your immediate financial needs for housing, food, and other living expenses. This will help you and your attorney calculate the amount of spousal support to request.
- Plan for the Future: If you plan to re-enter the workforce, start exploring training or education programs that can help you increase your earning potential after the divorce.
Contact Us for Help with Divorce and Spousal Support
If you’re in a single-income household and are worried about how to proceed with a divorce, we’re here to help. Our experienced divorce attorneys understand the complexities of financial dependence in a marriage, and we can guide you through the process of securing spousal support and ensuring your rights are protected. Contact us today to discuss your options and take the first step toward your new future.
