If I am getting divorced and my spouse has not worked in 10 years, what does the court consider work for her?

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If I am getting divorced and my spouse has not worked in 10 years, what does the court consider work for her?

Is a part-time job of 6-8 hours to be considered work compared to someone working a 40 hour a week job. Or is the confusion full-time job vs part-time job What is the problem here?

Asked on June 20, 2012 under Family Law, Illinois

Answers:

Brad Micklin / The Micklin Law Group

Answered 10 years ago | Contributor

The court will likley input income to her based upon how much she could earn if she worked full-time even though she is not. It's called imputed income.

The court will impute income to a person who was under employed when the court finds that there is no just cause to be so. The court will look to her past earning history, education and, possibly, the New Jersey Department of Labor to come to a fair imputation of income.


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