Divorce can be overwhelming, especially for stay-at-home parents who may worry about financial stability after a marriage ends. If you’ve dedicated years to raising children and managing the household, you might wonder what you’ll be left with when your spouse seeks a divorce. This blog will explore the financial rights and options for stay-at-home parents in South Carolina, covering child support, alimony, property division, and more.

Watch our video for insights from Family Law Attorney Emily Johnston on the steps to take if you’re a stay-at-home parent facing divorce:

Property Division: What Am I Entitled To in a Divorce?

In South Carolina, property division during divorce is based on “equitable distribution.” This generally means that marital assets are divided fairly, but not necessarily equally. As a stay-at-home parent, you’re entitled to a significant portion of the marital estate, which could be 50%, 45%, or another percentage, depending on various factors. Here’s what may be included in the division:

• Home Equity: If you and your spouse own a home, you may be entitled to a share of the home’s equity. This might involve selling the home and splitting the proceeds or one spouse buying out the other’s interest.
• Retirement Accounts: Retirement accounts like 401(k)s or pensions are usually considered marital property, even if only one spouse contributed financially. In many cases, these accounts are divided equitably.
• Other Assets: Vehicles, investments, and any other assets acquired during the marriage may also be divided, ensuring you have access to funds and property to support your new life.

It’s important to consult with a family law attorney to get a clear understanding of what you may be entitled to, as each case is unique.

Am I Entitled to Spousal Support or Alimony?

Alimony, or spousal support, is often a concern for stay-at-home parents who have forgone a career to raise children and support their spouse’s career. In South Carolina, alimony is determined based on several factors, including:

• Length of the Marriage: Longer marriages are more likely to result in alimony awards.
• Financial Need: If you’re financially dependent on your spouse, you may be entitled to spousal support to help maintain your standard of living.
• Ability to Earn Income: Courts will consider whether you have the ability to re-enter the workforce or need time to obtain education or training.

The amount and duration of alimony vary, so consulting with an experienced family law attorney is essential to determine what type of alimony you might be entitled to.

Child Support: Ensuring Your Children’s Needs Are Met

As a stay-at-home parent, you may be concerned about providing financially for your children after a divorce. In South Carolina, both parents are legally obligated to support their children, meaning you will likely receive child support if you are the custodial parent. Child support is calculated based on factors such as:

• Each Parent’s Income: Courts consider both parents’ incomes when determining child support payments.
• Custody Arrangement: The amount of child support depends on the custodial arrangement, including who has primary physical custody and the parenting time schedule.
• Children’s Needs: Child support is intended to cover essential expenses such as housing, food, education, and medical care.

Receiving child support can help ensure you have the resources needed to raise your children, even if you’re not in the workforce.

Additional Considerations for Stay-at-Home Parents in Divorce

1. Health Insurance and Other Benefits
   If you relied on your spouse’s health insurance, you’ll need to consider how you’ll secure coverage after the divorce. Some spouses may be required to provide health insurance as part of the divorce settlement, but you may also qualify for COBRA or other individual plans.
2. Re-entering the Workforce
   For many stay-at-home parents, divorce means re-entering the workforce after years away. This can be a challenging transition, but financial support through alimony and child support can help as you seek employment or training.
3. Custody and Visitation
   As a stay-at-home parent, you’ve likely been the primary caregiver, which can influence custody arrangements. Courts prioritize the child’s best interests, and your close involvement in your child’s life may be a factor when determining custody and visitation.
4. Emotional Support and Legal Guidance
   Divorce can be emotionally challenging, especially for stay-at-home parents facing an uncertain financial future. Working with an experienced family law attorney ensures you have the guidance you need to secure your rights and provide for yourself and your children.

Johnston Family Law – Experienced Divorce Attorneys in Mt. Pleasant

At Johnston Family Law, we understand the unique concerns that stay-at-home parents face during a divorce. Our experienced team is here to guide you through property division, alimony, child support, and custody arrangements to ensure that you and your children are protected.

If you’re a stay-at-home parent facing divorce, don’t hesitate to reach out to our Mount Pleasant Divorce Attorneys for support.

Divorce is challenging, but you don’t have to navigate it alone. Contact us today to schedule a consultation and get the advice you need.