Nowadays, mothers and fathers sometimes work, or one parent stays at home. Many years ago, it was rare to see stay-at-home fathers; however, as times change, this becomes a reality. Legally, unemployed husbands are entitled to the same considerations that an unemployed wife would be in the same situation. However, when it comes down to going in front of a judge, the courts may not see it the same way if they are biased.
Can my Husband Receive Alimony?
Though you don’t see these cases as often, yes, your husband could qualify for alimony through the divorce. Perhaps during your marriage you decided that you should be the one who works because you went to college and didn’t want to let your degree go to waste, while your husband stayed at home and raised the children. The courts will look at the age of the children now, or whether or not they are disabled, and determine whether it’s appropriate for him to stay at home or return to work after all this time. If you are the breadwinner, you may have to pay alimony to him while you are going through divorce. This gives your husband time to receive proper training or enter back into the workforce.
California, a Community Property State
California is a community property state so these regulations will be considered when you and your husband must split property. In California, this means that both spouses own everything in equal measure as long as it was acquired during the marriage. If your husband chose to stay at home and you earned all the income, he should still be entitled to half of your marital property. However, if he is disabled and this is why he cannot work, they may give him a little more property. It really depends on how the courts want to handle these matters.
Every family’s situations are different. Because of this, you may need help when you are going through a divorce and have questions. We are here for you every step of the way, so give us a call to get started.