The end of a marriage is difficult, even in the best of circumstances. Even when you know it’s the best decision, it is still a painful process. This is even more true when there are extenuating circumstances that can add an extra layer of complexity to the situation. Having one spouse who is unemployed at the time of divorce is certainly one circumstance that can make divorce slightly more complicated than it might otherwise be.
How might that affect your divorce? It’s an important question to ask, and as with so many legal matters, the answer will depend upon a variety of circumstances, including the financial situation of the couple, the reason for the unemployment, and the various issues that a couple is confronting during the divorce.
Unemployed – By Choice or By Circumstance?
When one spouse is unemployed, the reason for the unemployment will be an important consideration during the divorce process. After all, in some marriages, the couple may have decided, for any number of reasons, that one spouse would not work. In other cases, unemployment is the result of unexpected circumstances.
A few reasons that a spouse may be unemployed include:
- Stay–at-home parent: Often, one spouse may be unemployed at the time of divorce because they have been caring for young children while the other spouse works to provide an income. If this is the case, a couple may have planned ahead financially, and thus may not find themselves struggling as much as would a couple who relied upon the income of both spouses. Even though there may not be as much financial stress, this doesn’t mean that a divorce is “stress-free” where a stay-at-home spouse is concerned. After all, moving from one home and one set of bills to two will often mean that the stay-at-home spouse must return to the workforce. The spouse who was employed and earning a steady income will likely be responsible for spousal support, and child support. The amount will likely depend on a variety of factors including salary, the lifestyle the couple had during the marriage, the needs of the children, and a variety of other circumstances.
- Unexpected job loss: Sometimes, for any number of reasons, people lose their jobs. A company may downsize. The economy may be in a recession. The job may simply no longer be a good fit. Whatever the case may be, job loss can often happen unexpectedly. This is obviously often quite financially stressful. Depending upon the income lost and the length of the unemployment, alimony, and support amounts may be affected – although often, courts will “impute” income to a spouse that is unemployed based on their prior earning history. It is generally expected that if a person has been able to earn a steady income consistently for some time, they will be able to earn a similar income again. As a result, although alimony and support may temporarily be lowered or adjusted, there is generally an expectation of continued employment and earning potential.
- Voluntary underemployment or unemployment: It’s no secret that often when a marriage ends, emotions are running high. Depending upon what led to the end of the marriage, one spouse may be very upset and angry at the other. As a way of “punishing” the other spouse or attempting to avoid having to pay spousal or child support. While having difficult feelings during and after divorce is understandable, voluntary unemployment or underemployment is never In fact, courts typically react very negatively to this behavior, and it can result in additional penalties being placed upon the spouse who is doing so.
Whatever the reason for unemployment, it can absolutely add an extra layer of stress and complexity to the divorce process – in more ways than one.
A Closer Look at Non-Financial Costs
Without question, unemployment has costs that go beyond finances. The emotional costs of unemployment can be quite significant too. Depending upon how long the unemployment and resulting financial stress lasts, it may lead to substance abuse, arguments over money, anger issues, unhealthy coping behaviors, and more. This can lead to even more difficulty and animosity during a divorce than what is normally present.
For this reason, it is important to seek help when you need it. Divorce is stressful, and it is a sign of strength to seek support when times are difficult. Talking to a trusted friend, family member, or therapist can be extremely helpful. Finding a hobby you enjoy to take your mind off of things can also be a good choice. Exercise, healthy eating, and plenty of sleep – all will be essential to help maintain strength and mental well-being, and this is especially true in difficult times.
If you are struggling with unemployment, you can also find help at the North Carolina Division of Employment Security website, including information about applying for unemployment benefits, appeals, and information regarding various laws and regulations surrounding unemployment in North Carolina.
The Law Office of Dustin McCrary – On Your Side
At The Law Office of Dustin McCrary, we are passionate about putting our clients first. We know that to you, divorce is more than a legal process – it’s a journey. It is often a very personal, emotional, and difficult journey. While it may ultimately be the best decision for your family, that doesn’t mean that it’s easy. When you’re going through a difficult journey, you need a guide. You need a guide with knowledge, expertise, and an understanding of the road ahead. That’s where we come in. We understand each and every aspect of the divorce process, and we’re here to help. We’ll meet you where you are, and we’ll walk with you every step of the way. If you’re ready to get started, give us a call. We look forward to speaking with you soon.