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Stay-at-home parents’ rights in California divorce settlements

On Behalf of | Aug 6, 2024 | Custody & Visitation |

Divorce and separation can be challenging for everyone involved, especially stay-at-home parents. In California, it’s important to understand the rights and considerations for both spouses during divorce settlements.

Financial support

A big concern for stay-at-home parents is financial stability after divorce. California law recognizes the sacrifices stay-at-home parents make by choosing to focus on raising children. As a result, spousal support (alimony) often helps cover expenses. The court decides the amount based on factors like the length of the marriage, the standard of living during the marriage, and the stay-at-home parent’s ability to support themselves.

In some cases, temporary spousal support might be awarded during the divorce. This helps the stay-at-home parent manage finances until the final settlement. Additionally, long-term support may help the parent gain job skills or education needed to re-enter the workforce.

Child custody and visitation

Child custody and visitation are crucial parts of divorce settlements. California courts focus on what is best for the child, which often means keeping things stable. Stay-at-home parents usually have a strong case for primary custody because of their caregiving role. Yet, both parents should work together to find an arrangement that benefits the child.

Visitation rights ensure that the non-custodial parent maintains a relationship with the child. Courts typically encourage co-parenting arrangements, where both parents share responsibilities and time with the child, fostering a supportive environment despite the separation.

Property division

Property acquired during the marriage is generally split equally because California is a community property state. Stay-at-home parents should make sure they get a fair share of marital assets, such as retirement accounts, savings, and real estate.

It’s also essential to account for any debts incurred during the marriage for a fair division. Understanding your financial rights can help ensure you are not unfairly burdened by shared debts.

Moving forward

Knowing the rights and considerations for stay-at-home parents during divorce and separation in California is essential. Being informed and seeking proper guidance can help ease the transition and secure a stable future for both parents and children.