Divorce settlements are never easy, and when one spouse is unemployed, it can raise a lot of questions—especially about money. A common concern we hear is: “If my spouse is not working, does that mean that they will get more in the divorce?” The answer is not always straightforward, but we’re here to break it down for you.
Unemployment does not automatically mean more money in a divorce
Just because your spouse is unemployed it does not mean they will walk away with a larger share of the assets. Courts look considers lots of factors, such as:
- How long the marriage lasted;
- The parties’ needs;
- The needs of any young children of the family;
- Each spouse’s contributions (financial and otherwise);
- The reason for the unemployment; and
- Future earning potential
Spousal maintenance might be a factor
If your spouse is unemployed and has limited means to support themselves, the court may consider awarding spousal maintenance for a specified period of time. This is especially true if, for example:
- They have been out of the workforce for a long time (e.g., to raise your children);
- They have health issues or other barriers to employment.
However, the unemployment is voluntary—say, they quit their job to avoid in the midst of Divorce proceedings in an attempt to obtain more and/or avoid paying maintenance —the court may “impute” income to them. That means the judge pretends they are earning what they could be making and calculates support based on that.
Division of property in divorce is still about fairness
When it comes to dividing the matrimonial assets, the court aims for what’s fair and what meets the needs of the parties and any children of the family, not necessarily what would achieve equality. If one spouse is unemployed, the court might adjust the division slightly to help them get back on their feet e.g. give them a larger share of the available capital—but it will not give them everything. The goal is to meet everybody’s needs and help both parties move forward.
Need help navigating divorce?
If you’re facing divorce and your spouse is unemployed—or you are the one without a job, our experienced family law team is here to help. We will guide you through every step and make sure your rights are protected.
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