The decision to end a marriage is never easy, especially for stay-at-home wives who may feel particularly vulnerable during this transition. If you find yourself in this situation in Georgia, it’s crucial to understand that you have legal protections and options available to you. The state’s laws recognize the valuable contributions of non-working spouses to the household and aim to ensure a fair separation of assets and responsibilities.
While the prospect of divorce can be daunting, knowledge is power. An experienced Atlanta divorce lawyer can provide you with essential information about what you may be entitled to as a stay-at-home wife going through a divorce in Georgia. Armed with this information, you’ll be better equipped to make informed decisions and work towards a resolution that protects your future after divorce.
What You Are Entitled To As a Stay-At-Home Wife
You’ve invested years, perhaps decades, into building a home and family. Now, that foundation seems to be crumbling. It’s normal to feel a mix of anger, fear, sadness, and even relief. These feelings are valid, and processing them is crucial for your well-being.
Understanding your potential entitlements is crucial as a stay-at-home wife facing divorce in Georgia.
Alimony (Spousal Support)
Georgia’s approach to alimony, as outlined in O.C.G.A. § 19-6-1, is tailored to each case. Courts can award alimony to either spouse based on several factors, including:
- Length of the marriage
- Standard of living established during the marriage
- Age and health of both parties
- Financial resources of each party
- The time necessary for either party to acquire job skills
For stay-at-home wives, spousal support can be crucial. It provides financial support while you rebuild your life and potentially re-enter the workforce. The amount and duration of support aren’t set in stone – they depend on your specific situation.
Beyond the factors already mentioned, courts also consider:
- Each spouse’s earning capacity and financial condition
- Each party’s separate estate and assets
- Contributions to the marriage, including homemaking and childcare
- Any marital misconduct that led to the divorce
Property Division
Georgia’s equitable distribution model doesn’t guarantee a 50/50 split but aims for fairness. Only marital property (acquired during the marriage) is subject to division. Inheritances and gifts typically remain separate property. If your spouse owns a business, it may need a professional valuation to determine your fair share.
O.C.G.A. § 19-5-13 outlines the court’s authority to divide property in a divorce. For stay-at-home wives, this can include:
- A portion of retirement accounts
- Real estate
- Vehicles
- Investments
- Other assets acquired during the marriage
Even if your name isn’t on the deed or account, you may still have a claim to these assets. Your divorce attorney can help identify and value marital property to ensure you receive a fair share.
Retirement Accounts and Pensions
Even if you didn’t work outside the home, you may be entitled to a portion of your spouse’s retirement benefits. 401(k)s and IRAs can be divided using a Qualified Domestic Relations Order (QDRO). You might receive a percentage of your spouse’s pension based on the length of the marriage and the duration of pension participation.
Health Insurance
Health insurance after divorce is a critical consideration. With COBRA, you can continue on your ex-spouse’s plan for up to 36 months, but you’ll be responsible for premiums. Your divorce attorney can also help you find healthcare brokers who can help you explore healthcare options through the Health Insurance marketplace. Sometimes, continued health insurance coverage can be negotiated as part of the divorce settlement.
Debt Division
Marital debts are also subject to equitable distribution. This includes:
- Mortgage
- Credit card balances
- Car loans
- Personal loans
Be aware that creditors can still come after you for joint debts, regardless of the divorce decree.
Career Rehabilitation
If you’ve been out of the workforce, you might be entitled to receive funds for education or vocational training, career counseling services, or even temporary support while you establish a new career.
Remember, these entitlements aren’t guaranteed. They depend on various factors, including the specifics of your marriage, your financial situation, and your ability to negotiate effectively. This is where the expertise of a skilled divorce lawyer becomes invaluable.
An experienced Atlanta divorce attorney can help you understand which of these entitlements apply to your situation, strategize on how to pursue them and negotiate on your behalf to ensure you receive a fair settlement. They can also help you understand the long-term implications of different settlement options, allowing you to make informed decisions about your future.
Contact Our Atlanta Divorce Lawyers
If you are going through a divorce as a stay-at-home wife in Georgia, please know that you are not alone. The law is on your side, and you can get through this difficult time. An experienced divorce attorney from Hobson & Hobson, P.C. can be your guide, advocate, and support system throughout this process.
They’ll help ensure you understand your rights, fight for a fair settlement, and set you up for success in your post-divorce life. While the road ahead may seem daunting, with the right support, you can emerge stronger and ready for whatever the future holds. Call our Atlanta divorce law firm at (770) 284-6153 today or fill out our confidential contact form to learn more!
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
