A wife’s rights in divorce can be enforced by a court. Both spouses have rights during a divorce, but it can be difficult to assert those rights. You shouldn’t let your spouse walk all over you. Instead, reach out to an attorney who can support your rights and make sure you get what you deserve. Call Law Offices of Rick D. Banks at (559) 222-4891.
Wife’s Rights During Separation
Many couples are separated before they legally file for divorce. You have rights that begin during that time period as well. If your husband was the primary breadwinner, you may be able to get spousal support or “pendente lite” financial support. This is a temporary form of support meant to last during the separation prior to divorce.
If your husband moved out of the family home, you may be able to get money for household expenses, such as the mortgage and utilities. Depending on the difference between your incomes, you may be able to get your husband to pay half of the household expenses even if he has moved out.
Your husband cannot sell property while your divorce is pending. The divorce will separate all property fairly, so he cannot dispose of the property that is to be divided.
You have a right to the financial support of your children, even during separation and divorce. The court will likely order temporary support for children while the divorce is pending. Both parents are responsible for the care of their children, and both may have to contribute to support in some way.
What If the Wife Has Nowhere to Go?
You may have avoided divorce simply because you didn’t feel like you could support yourself or you had nowhere to go. However, even a wife with few resources has rights.
A court may order the husband to pay spousal support and/or give the marital home to the wife if the wife has nowhere else to go. You should not leave the home simply because your husband refuses to go or tells you to leave. You have ownership rights to your home as well.
Rights of an Unemployed Wife During Divorce
If you were a homemaker and took care of the children during your marriage, then the court may allow you to continue to be unemployed during divorce. It is rare that the court will order an unemployed wife to find employment while the divorce is still pending.
It is more likely that you will be awarded spousal support, child support, and other support measures that will allow you to continue your normal standard of living.
Your marital estate will be separated during the divorce, which includes all bank accounts, retirement accounts, and other property. You will get a fair share of these resources during the divorce.
Wife’s Right to Alimony
There is no automatic right to alimony in a divorce; however, if your husband was the primary breadwinner in your household and you are not able to continue your lifestyle without support, it will likely be awarded. You must request alimony or the court may not award it. There are many factors that go into whether or not the court awards alimony and how much.
The court will consider awarding alimony for a “reasonable period of time.” This may mean that you will be given time to obtain education or find a job that can support you and your children. If you do not have the same earnings potential as your spouse, then alimony may last until you remarry or no longer need the funds.
Contact a Divorce Attorney Today
We support the wife’s rights in divorce and can guide you through the legal process of making sure you and your children are taken care of before, during, and after divorce. Call Law Offices of Rick D. Banks at (559) 222-4891.