Question:

I gave up a decent job to be a stay-at-home dad for my twin boys. My wife and I had made an agreement that I pursue a degree once they reached school age, but now she wants a divorce.

Am I entitled to receive alimony, and how will the fact that I am unemployed impact my chances of obtaining custody?

Answer:

How spousal support/alimony is decided varies from each state, but most states require judges to take into account various factors, the needs of each party and the ability to pay spousal support.

For example, in Virginia where I practice, a judge would be required to consider the fact that you and your wife made a decision that you would stay home with the children because it saved on daycare costs.

The judge would also have to consider the fact that your income was/is lower than your wife’s.

Depending on the laws in your state, it could be possible that a judge would award you spousal support/alimony for an indefinite time period or a limited time period that would enable you to take some classes, find a job and help improve your income earning potential.

I really encourage you to contact an attorney in your jurisdiction right away so you are going into the divorce with knowledge about how to protect your interests, and most importantly, your time with your kids.

Remember, I am unable to provide you with anything more than tips on your situation, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney in Virginia, contact Cordell & Cordell.