What will happen to the children and the home in a divorce if one parent doesn’t have a job?

Get Legal Help Today

 Secured with SHA-256 Encryption

What will happen to the children and the home in a divorce if one parent doesn’t have a job?

My parents are getting a divorce and my mom does not have a job. I hear often that
the wife usually gets the house in a divorce. But, if she doesn’t have a job, what is
the likelihood of her winning the house in the divorce? Also, can she take custody of
the children if she cannot financially support herself?

Asked on March 30, 2017 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your situation and I can tell from your question that it is causing you some anxity about what the future will hold.  What happens with custody (who gets physical custody as well as decision making rights) and what happens with the house will differ in every case so there is no way to tell you for sure what will happen here.  The facts of each case will determine the outcome along with the rights of the individual parties involved.  A stay at home Mother is a recognized "profession" under the law and the law takes these factors in to consideration depending on the age of the children and the abilities of the spouse to work outside the home.  There is something called spousal support or maintenance (also called alimony) that the court can award the spouse that is unemployed outside the home.  There is also child support which takes in to consideration food, shelter and clothing.  Child support and alimony are calculated using a formula set by statutes in your state.  This gives the parent that does not have a job outside the home the ability to continue to take care of the children and likely stay in the house.  The parent that does not stay in the house could also agree to pay a portion of the mortgage.  Again, the facts here matter.  I am hopeful that your parents will set aside their differences for the welfare of their children and come to an agreement that everyone can live with.  Please go and speak with your counselor at school to discuss all this, okay?  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption