If you are getting divorced and you are the primary breadwinner for your family, you are probably worried about how you are going to support two households on income that used to support just one. Your concern is valid.
Divorce can be tough financially. However, with candid advice from a skilled divorce attorney, you can set yourself up for a reasonable lifestyle post-divorce.
What to Expect Regarding Property Division
When you are the sole or primary breadwinner, you can expect a change in your lifestyle after a divorce. Having a realistic grasp of the financial and legal realities of your situation can help you negotiate a reasonable settlement. An experienced family law attorney can explain how the divorce laws apply to your circumstances.
Georgia family courts will divide your marital property equitably, meaning fairly but not necessarily equally. You may leave the marriage with roughly half the marital property, or you might get more than half. You could receive less than half of the marital property if:
- Your misconduct led to the divorce;
- Your separate property is of significantly higher value than your spouse’s separate property;
- You were married a long time and your spouse contributed substantially to your career;
- Your children are young and the judge believes they should remain in the family home with your spouse as primary custodian.
A judge can consider these and other factors they think are relevant when splitting property between spouses.
The same principles apply to marital debt. Both spouses are responsible for debt regardless of who acquired it, and a divorce requires the spouses to divide responsibility for their marital debt. As the breadwinner, it is possible that a judge might assign you a larger portion of the debt because you are in a better position to pay it.
You May Have to Pay Alimony
Alimony is not automatic in Georgia, but courts award it when one spouse can prove a need and the other spouse has the means to pay. If your spouse has not pursued career interests during your marriage, they may be able to prove they require alimony. Even if your spouse does not request post-divorce alimony, you might be required to support them while the divorce is pending.
The Official Code of Georgia §19-6-5 describes the factors courts consider when deciding whether to award alimony. The length of the marriage has significant influence. Family courts will also consider whether the spouse seeking alimony gave up educational or career opportunities to support your education and career or manage the household.
Alimony is usually rehabilitative rather than permanent. A spouse could receive alimony while they pursue education or skills to enable them to be self-supporting. Courts usually award permanent alimony only when the receiving spouse’s age or health prevents them from working. Our attorneys can evaluate whether alimony is possible in a specific case.
Assess Your Capacity to Care For the Children
To ensure fairness, Georgia courts use a formula to determine a parent’s child support obligations. The formula considers both parents’ incomes, the number of children they are supporting, and how much time the children spend at each parent’s home. The cost of providing health and dental insurance and obtaining after-school care are also included in the calculation.
If you plan to seek joint custody and anticipate having the children stay with you roughly half the time, your child support payment is likely to be lower. However, you would need to provide a home that is appropriate for an extended time with the children, which will likely be more expensive than a home you might select for just yourself.
The children’s best interests guide judges when they make custody decisions. You must also consider your work schedule and whether it is flexible or compatible with being your children’s caregiver. When you want your children to be with you a significant portion of the time, you may need to make adjustments at work to ensure you can be an active and responsible parent.
Discuss Your Concerns With Our Family Law Team
The financial implications of divorce can be daunting. Stretching your income to support two households might seem impossible, or at least very difficult.
An experienced family lawyer can help you set reasonable expectations. They also can pursue a settlement that allows you to protect your property and maintain a decent standard of living after the divorce. Reach out today to learn more about navigating and protecting your rights as a breadwinner during a divorce.
