Understanding the Transition: Stay-at-Home Parents and Returning to Work After Divorce in California

Spousal Support and the Expectation of Self-Sufficiency

In California, spousal support, also known as alimony, may be available to stay-at-home parents. It aims to help maintain the standard of living established during the marriage. However, it's generally not intended to last indefinitely. Courts typically expect the supported spouse to make a good-faith effort to become financially independent. This often means seeking employment or acquiring the necessary education or training to re-enter the workforce.

Some Factors Influencing the Court's Decision

Several factors influence how a court determines the duration and amount of spousal
support, and whether a stay-at-home parent is expected to return to work:

Length of the Marriage: For marriages lasting less than 10 years, support often lasts half the length of the marriage. For longer marriages, there is no set assumption, and support may continue as long as one spouse needs it and the other
can pay.

Earning Capacity: The court considers each person's skills, education, and the current job market. They also assess the time and cost required to gain new skills or
education.

Rehabilitative Support: A stay-at-home parent might be awarded spousal support to help them gain the skills and education needed to become self-sufficient.

Age and Health: A spouse's age and health can impact their ability to re-enter the workforce and become self-supporting.

Contribution to Spouse's Career: If one spouse supported the other's education, training, or career advancement, it can influence the support decision.

Impact on Children: The court considers how caring for children impacted either parent's career and ow working now will affect the children.

The Role of Child Support

If a stay-at-home parent is awarded child custody, the are generally eligible for child support. This financial assistance from the working spouse helps cover the costs of and the amount of time the children spend with each parent.

Seeking Legal Guidance

Navigating divorce as a stay-at-home parent can be challenging. An experienced divorce attorney can help protect your rights and advocate for a fair settlement. They can assess your situation, explain your options, and guide you through the legal process. Even if you only hire an attorney for limited scope representation, they can
advise you specifically about long-term support.