Stay-at-Home Parent? Key Issues You Need To Be Aware Of In A San Jose Divorce

With the high cost of child care, having one parent stay home to raise children is an increasingly common option. However, while it can be fulfilling for both mothers and fathers, it also means making a significant career sacrifice.

When a marriage ends, that sacrifice puts stay-at-home parents in a vulnerable financial position. Our experienced San Jose divorce lawyer explains key issues to be aware of and how to protect your rights.

How Equitable Division Impacts Stay-at-Home Parents in San Jose

California is a community property state. If you are filing for divorce through the Santa Clara County Family Court, you can expect most marital assets to be divided evenly between you and your spouse, regardless of who earned the income.

A stay-at-home parent does not walk away empty-handed simply because their name was not on the paycheck. When it comes to equitable division and other financial matters, key issues to address in a San Jose divorce include:

• Division of retirement accounts, investments, and savings accumulated during the marriage.
• The family home, including whether it should be sold or awarded to one spouse.
• Spousal support, also called alimony, helps bridge the financial gap after divorce.
• Health insurance coverage, which the stay-at-home spouse may lose when the marriage ends.
• The value of contributions made to the household and the other spouse’s career.
• Child support, depending on custody arrangements.

Spousal support plays a major role in helping stay-at-home parents recover from a San Jose divorce. Under Section 4320 of the California Family Code, judges consider multiple factors when determining the amount, including the length of the marriage, your spouse’s income, and the standard of living you enjoyed.

Rebuilding Financial Independence After a San Jose Divorce

Staying home to raise children may have been one of the most fulfilling times of your life, but returning to the workforce after can present real challenges. Gaps in employment history, outdated skills, and a lack of recent references can make it difficult to find well-paying work.

Getting what you are entitled to in a San Jose divorce can help in rebuilding your financial independence. Take these steps to protect your rights:

• Do a thorough inventory of all marital property, and collect property titles, bank and loan statements, and other documents.
• Gather records of household contributions, childcare responsibilities, and support provided to the working spouse’s career.
• Research education or retraining programs that can help with re-entering the workforce
• Open individual bank and credit accounts in your name as early as possible.

Absences from the workplace leave you in a vulnerable position. Work with an experienced San Jose divorce lawyer to get what you need to make a fresh start.

Request a Consultation With An Experienced San Jose Divorce Lawyer

After dedicating years of your life to raising your family, a San Jose divorce can leave you vulnerable. At Argyris Mah, LLP, we protect your rights and help you get the financial support you need moving forward. To request a confidential consultation, contact our experienced San Jose divorce lawyer today.

Sources:

santaclara.courts.ca.gov/divisions/family-division

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM&sectionNum=4320