Stay-at-home mums can feel particularly vulnerable during a divorce. There can be a lot of uncertainty about their rights and how their needs will be met following the end of their marriage, as well as how their children’s needs will be accounted for. Getting expert advice on stay-at-home mums’ divorce rights at an early stage is highly advisable so you can be clear about what to expect.
If you are asking yourself: ‘What are my rights in divorce as a stay-at-home mother?’, then we hope this blog is a helpful starting point. In it, we cover divorce entitlements for stay-at-home mums in relation to finances, the family home and children. We also touch on some of the key questions people often ask, surrounding spousal maintenance and whether there is a need for stay-at-home mums to seek employment following divorce.
It should be noted that this blog is not intended as legal advice and is for educational purposes only. Should you wish to discuss your specific situation, our divorce and separation solicitors will be happy to answer any queries you may have.
For expert support with mothers’ rights in divorce, please call one of our offices in Banbury, Bicester and Rugby or simply fill out our enquiry form and we’ll get back to you as soon as possible.
Financial rights for stay-at-home mums in divorce
It is a common belief that all marital assets will be split 50:50 between a separating couple during divorce. While this is the starting point under English law, there are many different factors that will be taken into account, meaning the actual split is rarely so straightforward.
The key principle that must be considered is that of ‘reasonable needs’. As the name implies, this means looking at what each person requires to meet their reasonable financial needs, as well as the needs of their children. What are considered reasonable needs will depend on the specific circumstances, so expert advice is essential to understand this.
Some of the key factors that will influence what each person is entitled to in a divorce with children include:
- The children’s needs
- Each parent’s needs
- Each parent’s current income and (crucially for stay-at-home mums) their earning potential
- The contributions of each party to the marriage (both financial and non-financial)
- The standard of living the family enjoyed during the marriage
- The length of the marriage
- The age and health of each spouse
These are all factors a court would consider if required to decide the division of finances, so should act as an important reference for divorcing couples who wish to reach an amicable settlement.
Are stay-at-home mums entitled to spousal maintenance following divorce?
Whether a stay-at-home mum can claim spousal maintenance will depend on whether this is required to meet their reasonable needs and their former spouse’s ability to pay.
A court would look at factors such as the mother’s outgoings, the standard of living enjoyed during the marriage and the other parents’ income to decide whether spousal maintenance was appropriate and how much this should be. While these matters are normally agreed upon voluntarily without the need for a court to intervene, the same principles should apply.
If you believe you will need spousal maintenance, you should speak to an expert in divorce financial matters as soon as possible so you can understand your rights and set your expectations.
Will a stay-at-home mum need to get a job following a divorce?
Whether a stay-at-home mum will need to get a job following a divorce will depend on the situation. Factors that will affect this include whether the needs of both the parents and the children can be met by just the salary of the working parent and any other resources available.
If the other parent has sufficient income and is willing to support the mother staying at home, this may be relatively easy to agree. It may also make more sense for the mother to remain as a full-time mum if the children are not yet of school age, so they are spending more time at home and the alternative would be paying for them to spend more time at nursery, which may not make financial sense.
However, if it is not realistically possible to support two households on the income of one parent, then it is possible that a mother who currently stays at home with the children might need to get at least a part-time job.
Stay-at-home mums’ right to the family home in divorce
Who stays in the family home can be particularly important when there are children still living at home. It is common for the primary carer to stay in the family home with the children, but this is not automatic and other arrangements are possible.
The first thing to understand is that you will usually be entitled to a share of the family home if your name is on the title deeds and/or the property is considered a marital asset. This means the home would need to be considered as part of the division of assets.
There are several different ways you can deal with the family home in divorce, including:
- Selling the property and sharing the proceeds
- One spouse keeps the home in exchange for giving up their rights to other marital assets (such as their share of the other spouse’s pension)
- A Mesher Order, which allows you to put off selling the family home until a specific event has occurred e.g. when the couple’s youngest child turns 18
Mesher Orders are a popular option for stay-at-home mums as they can allow the mother to stay in the family home with the children, providing stability for the children until they are ready to leave home.
Stay-at-home mums’ divorce rights regarding children
You might assume that, as a stay-at-home mother, you would automatically remain the primary carer for your children, having them living with you most of the time. While this is often how things work out, it is not guaranteed, so you should not make any assumptions.
Arrangements for children are usually worked out voluntarily between parents, which means that where the children live and what time they spend with each parent usually comes down to what the parents can agree between them. Older children may also be given a say in where they wish to live. At all times, the focus should be on what is best for the children’s wellbeing.
If you do need to apply to a court to decide on child arrangements, then it is the children’s interests that will be considered. Where the mother has stayed at home with the children, a court may consider that keeping this arrangement going is in the children’s best interests but, again, this is not guaranteed.
One key point to understand in relation to mothers’ rights in divorce is the concept of ‘parental responsibility’. This is a legal concept that refers to the rights and obligations and parent has towards their child. A birth mother automatically has parental responsibility, but who else has it will depend on the situation.
Only people with parental responsibility have a right to a say in where children live and other aspects of their upbringing, so it is important to be clear who this applies to when getting divorced. Getting expert advice on separation rights for mothers can help with this.
Will you need to go to court to establish your divorce entitlements?
While there are no guarantees, it is unlikely that contentious court proceedings will be required in most divorces. The reality is that the vast majority of separating couples agree on the division of finances, arrangements for children and other key matters privately through negotiation and alternative dispute resolution. This can make the process of getting divorced much faster, less costly and less stressful.
Get expert divorce advice for women in Banbury, Bicester and Rugby
If you would like to discuss how we can help with stay-at-home mums’ divorce rights and other aspects of divorce rights for women, please get in touch with a member of our team.
We have offices in Banbury, Bicester and Rugby working with clients across Coventry and Warwickshire, the West Midlands, Oxfordshire and nationwide.
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