How does family law treat stay-at-home mothers?

On Behalf of | May 16, 2019 | Family Law |

A significant number of people in Alabama are under the impression that marital property is split exactly in half during a divorce. However, according to the state’s family law, property must be split equitably, or fairly, but not necessarily equally. This means that some couples might have to answer some difficult questions during divorce, such as how the contributions of a stay-at-home parent should be weighed.

Over 25% of mothers in America stay home with their children. These women often give up career paths of their own in order to care for their families and support their husbands’ careers. Despite this being a voluntary choice, more than half of American adults believe that mothers staying home is a good idea, especially when compared to the option of fathers staying home to raise children.

The problem arises when it comes time to determine what a fair division of assets would be during a divorce. Since the husbands in these situations were typically the only ones making an income, should they receive a larger portion of the property from the marriage? While some say yes, others point out that many stay-at-home mothers perform invisible and unpaid labor. This labor not only supports the family but often the career and earning potential of her husband.

The answer to this problem is not necessarily clear-cut and will vary from family to family. This is because there is no such thing as a one-size-fits-all approach in family law. Each divorcing couple in Alabama is unique, and everyone has his or her own needs and wants. Because of this, speaking with an attorney about various options for moving forward with a divorce and property division can be extremely helpful for some people.


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