Divorce Rights and Benefits for Spouses
Understanding your rights during a divorce can help you protect everything you worked for during the marriage. Each state has its own regulations on how to assign custody, child support, spousal support and the assets accrued during a marriage, but many of the rules have similar guidelines. To be sure you really understand the benefits divorce entitles you, review your state's laws or talk to a local divorce attorney.
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Custody and Visitation
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Most states give both parents the right to see their children and play an active role in their lives. However, one parent usually has the children more than 50 percent of the time and the courts refer to that person as the custodial parent. Courts in most states base custodial rights on the best interests of the children and use different factors to determine whose home meets the majority of those needs. For example, California asks children whose home they would prefer if they are old enough to make a mature decision and looks at you and your former spouse's economic situation. The courts also consider who is most likely to foster an open and loving relationship with the non-custodial parent.
Child Support
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The children of a marriage deserve financial support from both their parents and the custodial parent usually has the right to get child support from the non-custodial parent. States consider different factors when determining the amount of support a custodial parent receives. New York, for example, looks at each parent's financial situation and generally assigns 17 percent of both parent's income towards supporting one child. The state assigns 25 percent for two children and 29 percent for three children.
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Spousal Support
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Spousal support is also referred to as alimony or maintenance and the court may order either spouse to pay support to the other even if the marriage did not produce children. Financial support allows you to rebuild your life after a divorce and continue living in a manner to which you have become accustomed. While each state has its own rules on spousal support, courts usually look at each spouse's financial situation, need for support and mental and physical conditions when awarding it.
Assets
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You have the right to keep a portion of the assets you and your former spouse obtained during your marriage. The courts usually divide these assets in one of two ways. Either they consider all your assets community property and divide it approximately equally, or they divide it equitably. Equitable division of property may not be equal, but it is fair because the courts consider what each spouse put into the acquiring the assets financially when dividing them. In a state where the courts use equitable division, such as New York, the courts consider how long the marriage lasted, what services you provided during the marriage, both in and outside of the house and future possible financial concerns.
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References
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