Divorce can be particularly intimidating for unemployed spouses who often face significant financial uncertainty during the already stressful time. Thankfully, California law offers protections for unemployed spouses throughout the divorce process. This article discusses the rights of unemployed spouses in a divorce in San Francisco, including spousal support, a just division of marital assets, and the role of protective orders in financial or domestic abuse cases.
At the Law Offices of Ali Yousefi, P.C., we understand the shadow financial dependence casts on the divorce process. Attorney Ali Yousefi and his team are committed to helping clients navigate these challenges, protect their economic interests, and stand up for their rights. Contact us for the guidance and support you need to ease the strain of financial dependence on your spouse.
What Are the Rights of Unemployed Spouses in a Divorce?
Whether you have been a stay-at-home parent or have not been working for other reasons, the law works to ensure you are not financially disadvantaged after a divorce. Unemployed spouses are entitled to:
- Financial support,
- Their fair share of marital assets, and
- Protection from mistreatment.
These rights promise security during and after the divorce, placing you on equal footing with your spouse.
Spousal Support (Alimony)
Spousal support, or alimony, involves payments by one spouse to the other during or after the divorce process. California recognizes temporary and long-term spousal support. Temporary support occurs during the divorce process, while long-term support occurs after the divorce. Regardless, both types consider similar factors.
Spousal Support Factors
The court considers several factors to determine whether to award spousal support and how much to award, including the following:
- Length of the marriage,
- Recipient spouse’s financial need,
- Payor spouse’s ability to pay,
- Standard of living during the marriage,
- Earning capacity of the recipient spouse,
- Age and health of both spouses,
- Contributions each spouse made to the marriage, and
- Presence or lack of domestic violence.
These factors help the court decide whether to order support and, if so, the amount payments should be and how long they should continue.
Temporary Spousal Support
Temporary spousal support provides funds to the lower-earning spouse as the divorce is pending. You typically request temporary support shortly after filing for divorce, allowing the recipient spouse to stay on their feet throughout the dissolution process.
A spouse qualifies for temporary support if financially dependent on the other spouse. To decide whether a spouse is financially dependent, the court considers:
- Significant income disparities;
- Financial needs of the requesting spouse, especially to cover basic living expenses; and
- The paying spouse’s ability to pay.
The court calculates the amount of temporary support using a formula that considers the higher earner’s income and the lower earner’s financial needs. Temporary support typically lasts until the divorce is finalized.
Long-Term Spousal Support
The court may order a spouse to pay long-term spousal support after the divorce, usually to help the recipient spouse become financially independent. The duration of support depends primarily on the length of the marriage. For shorter marriages, support generally lasts for a percentage of the length of the marriage. For longer marriages—typically 10+ years—support may continue indefinitely or until the recipient spouse becomes financially independent or remarries.
Division of Marital Assets
California law requires courts to divide marital property equally upon divorce, with few exceptions. Marital or community property includes most property either spouse acquires during the marriage, meaning an unemployed spouse is typically entitled to half of their spouse’s earnings, assets, retirement, and other property.
Protective Orders
Unfortunately, financial dependence often goes hand-in-hand with controlling or abusive tactics wielded by one spouse against the other. Domestic violence, especially when combined with financial abuse, can leave unemployed spouses feeling trapped. Thankfully, California offers protective orders to help you stay safe as you gain independence.
Domestic Violence
If the marriage involved domestic violence, an unemployed spouse may qualify for a domestic violence restraining order (DVRO). A DVRO provides immediate protection, including orders for the abuser to stay away, cease harassment, and stay out of the family home. In addition, the court can order the abuser to pay for legal fees, child support, and spousal support.
Financial Abuse
Financial abuse is a pattern of manipulating someone’s access to funds to control the person, for example:
- Controlling or limiting access to bank accounts,
- Hiding assets, or
- Coercing the unemployed spouse into signing financial documents.
In cases of financial abuse, the court can issue orders to protect the abused spouse’s assets and ensure that the abuser does not have access to the funds. Protective orders can be an essential tool in protecting the financial interests of an unemployed spouse.
Let Us Help with Unemployed Spouse Divorce in California
At the Law Offices of Ali Yousefi, P.C., we are dedicated to protecting and enforcing the rights of an unemployed spouse in a divorce in California. We know you are worried about your financial security, so we work with you to protect your interests. Our team also understands that financial and domestic abuse are real concerns for many unemployed spouses. Contact us to learn more about how we can help.
Attorney Ali Yousefi is the founder of Law Offices of Ali Yousefi, P.C., and has distinguished himself as one of the leading lawyers in California. Ali values that his work allows him to make a direct, positive impact on the lives of people who have experienced stressful or traumatic events.
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