When you’re going through a divorce, the financial stability of both parties is often a big concern. Unemployment can make the process even more complicated if one spouse is unemployed.
It is sometimes worrying that your husband is unemployed. You might be thinking of the future and how this will impact your family financially. You must also know the legal implications of being married to an unemployed husband.
Can You Divorce a Husband Who Won’t Work?
You can divorce a husband that doesn’t work, but it may not be as simple as you think. The fact that your husband is unemployed doesn’t mean he is automatically at fault in the divorce. You will need to prove that his unemployment is due to his negligence or misconduct.
Proving Fault in an Unemployed Husband
Proving fault in an unemployed husband can be difficult. The courts will often look at the reasons why he is unemployed. If he was fired from his last job, the court might find that he is at fault. However, if he was laid off or lost his job due to no fault of his own, the court may not find him at fault.
The court may also examine whether your husband is actively looking for work. If he is not making any effort to find employment, the court may find that he is at fault.
Unemployment and Alimony
If you can confirm that your husband is at fault for his unemployment, you may be able to receive alimony. Alimony is a form of financial support typically paid by the higher-earning spouse to the lower-earning spouse.
To receive alimony, you must prove that you cannot financially support yourself. You will also need to confirm that your husband can pay alimony. If he is unemployed, the court may look at his assets and income potential to determine if he can afford to pay alimony.
Unemployment and Child Support
If you have children, child support will also be a concern in your divorce. Child support is typically paid by the non-custodial parent to the custodial parent. The amount of child support paid is based on several factors, including the income of both parents.
If your husband is unemployed, the court may look at his assets and income potential to determine how much child support he can afford to pay. If he is not making any effort to find employment, the court may order him to spend more child support.
The courts will also examine whether your husband is willing to participate in parenting activities. If he is unwilling to be involved in your children’s lives, the court may order him to pay more child support.
Dividing Assets in an Unfair Divorce
If you are getting divorced from an unemployed husband, you may be worried about how your assets will be divided. In a divorce, all marital assets are typically divided equally between the spouses.
However, if your husband is unemployed, the court may award you a more significant portion of the assets. The court may also grant you a considerable amount of the marital debt.
The court may also examine whether your husband is making any effort to find employment. If he is not looking for work, the court may find that he is not entitled to a fair share of the assets.
If you are getting divorced from an unemployed husband, you must speak with an experienced divorce attorney. An attorney can help you understand your rights and options under the law.
Can You Divorce Your Wife due to Unemployment?
Generally, the husband is responsible for the primary bread winning, and the wife is responsible for domestic duties like cooking, cleaning, and child-rearing.
If the husband becomes unemployed, it can significantly strain the marriage. The wife may feel that she needs to take on more responsibility, or she may start to resent her husband for not being able to support the family.
There are no grounds for the husband to divorce his wife based on unemployment. The husband must show some other grounds like adultery or abuse to get a divorce.
Final Words
You must speak with an experienced divorce attorney if you consider divorcing your unemployed husband. An attorney can help you understand your rights and options under the law. You may be entitled to a more significant portion of the assets, or you may be able to receive alimony if your husband is at fault for his unemployment. Child support may also be an issue if you have children.
If you have further questions, kindly write us in the comment section below.
Elena graduated from Loyola Law School in Los Angeles. While in law school, she interned for the ACLU of Southern California. After graduation, Elena worked as a civil rights attorney for the ACLU of Northern California. She has experience in a variety of legal fields, including family law, personal injury, and criminal defense.
She is passionate about fighting for the rights of all people. She believes that everyone deserves to be treated fairly and with respect. All the possible efforts are being done by her to ensure that everyone has access to justice.