Legal and Financial Rights of Women in Divorce

The reason why marriage is a legal contract are many, but one of the big ones is to ensure that both spouses are taken care of after a divorce. Even when a couple decides to separate, they have an obligation to each other and their children.

In most cases, it is the rights and finances of a woman that suffer most from a divorce because she’s more likely to stay at home and look after the household. So, it becomes the responsibility of the breadwinner husband and legal right of the woman to receive financial and legal recoupments as listed below.

1.     Financial Support

When a woman does not contribute to the family’s income due to taking care of the household and children instead, her contribution is still considered important and a sacrifice.

Therefore, she is entitled to alimony, which is now commonly referred to as spousal support, from her partner — apart from child support.

If a woman has dedicated a major part of her life looking after the house and children of the man, she is more likely to receive spousal maintenance from her partner than the ones who have been living with their spouse for a few years.

This aid helps them get back to their feet and start living independently.

This money can be used to pay for a woman’s expenses while the case is still under review or to help her go back to school and acquire a new job skill to sustain life.

2.     Marital Home

Whether or not a woman contributes to the mortgage of the home, she has rights over the equity of the home if it was bought while the couple was married. However, if the husband uses his inheritance to pay off the mortgage, exceptions are made.

If you are a woman who is keeping the children with you and have the custody, the court will permit you to live in the same house while the proceedings take place.

Although the court will grant you sole residency if your husband is causing hardships in your living conditions to save the children’s interest, you will not get the complete ownership of the house.

The woman’s share in the house is decided after the final decision. The court bars the husband from selling the property to protect her interests.

3.     Retirement Benefits

Like the marital home and shared investments, the family’s pension plan is also marital property and a woman has the right to claim her share on them too.

Therefore, whether or not the husband has made cash contributions to the pension benefits during the marriage, a woman is the rightful recipient of the benefits accrued during the term of the marriage.

Though retirement benefits are a complex head, legal experts will help you calculate your share.

4.     Legal fees

At times women are not able to afford the right legal help because of the lack of finances.

However, the court considers that and can order the other spouse to pay for their legal expenses, as well as the woman’s legal expenses.

Other times, a share of marital property is left for liquidation to pay for expensive lawyers’ fees.

Trying to sustain an unhealthy marriage only because you cannot afford to live alone is not acceptable.

You should stand up for yourself and exercise your rights for a safe and financially secure life as a woman.