INDUSTRY INSIGHT
FAMILY LAW
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Divorce can be financially challenging for any spouse, but the consequences can be particularly serious for one who has been financially dependent on the other during the marriage. In Pennsylvania, a spouse who stayed home to raise children, managed the household, supported the other spouse’ s career, or worked in a lowerpaying position may face a significant transition when the marriage ends. Understanding your legal rights— and obtaining legal advice before making important decisions— can make a substantial difference.
Pennsylvania does not simply divide marital property 50 / 50. Instead, it is subject to equitable distribution, meaning the court considers a number of factors in determining what division is fair. Those factors include the length of the marriage, each spouse’ s income and earning capacity, vocational skills, employability, liabilities, needs, and contributions to the other spouse’ s education or earning power.
For a financially dependent spouse, these considerations can be extremely important. A spouse who has been out of the workforce for years may have limited current income, fewer employment opportunities, and a need for education or retraining. At the same time, the other spouse may have accumulated retirement accounts, investments, business interests, or other assets during the marriage. Moreover, due to a lengthy work history, the“ breadwinner” spouse may also have been able to build up his / her Social Security monthly payment at retirement to a superior level in comparison to the dependent spouse’ s estimated monthly Social Security.
Alimony may also become a pivotal issue. Under Pennsylvania law, alimony may be awarded when it is necessary, and the court considers numerous factors when determining whether alimony is appropriate, including the parties’ relative earnings and earning capacities, the length of the marriage, their education, assets and liabilities, needs, standard of living, and the contribution of a spouse as homemaker. The court can also consider the impact of caring for minor children on a spouse’ s earning capacity.
However, alimony is not automatic or guaranteed, as it is a secondary remedy. A dependent spouse should not assume that financial support will simply continue after the divorce. The amount, duration and structure of any support can depend on the particular circumstances of the case.
Navigating Divorce When You Are Financially Dependent on Your Spouse
By: Brooke B. McMorrow, Esquire
www. mcmorrowlaw. com
There can also be financial issues during the divorce itself. Pennsylvania law provides for alimony“ pendente lite”( pending the litigation) and, in appropriate circumstances, counsel fees and expenses. These remedies can be particularly important when one spouse has significantly greater access to financial resources than the other.
One of the greatest risks for a dependent spouse is agreeing to a settlement without understanding the long-term financial consequences. A seemingly attractive agreement may involve giving up retirement benefits, equity in a home, or potential support in exchange for another asset that does not provide comparable long-term security. Once an agreement is signed and incorporated into a divorce decree, changing the outcome may be difficult if not impossible.
Financially dependent spouses should therefore obtain legal advice before signing a marital settlement agreement, transferring property, waiving support, or making decisions about the marital residence or retirement accounts. An experienced family law attorney can help identify marital assets and debts, evaluate potential support claims, understand the equitable-distribution factors, and develop a strategy based on the client’ s individual circumstances.
Pennsylvania divorce law
can be complicated, and the outcome of one case cannot reliably predict another. Individuals oftentimes are tempted to compare notes on another person’ s divorce, thinking that the same outcomes occur when that is simply not the case.
If you have been financially dependent on your spouse, seeking advice early is not about being unnecessarily adversarial. It is about understanding your rights before you make decisions that could affect your financial security for years to come. A consultation with an experienced Pennsylvania divorce attorney can help you understand your options, identify potential risks, and make informed decisions about your future.
This Industry Insight was written by attorney Brooke B. McMorrow. McMorrow is the founding member and managing attorney of McMorrow Law, LLC located in Wexford. She is licensed to practice in Pennsylvania and New York. To schedule an initial consultation, call 724.940.0100 or visit the website at mcmorrowlaw. com.
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