43% of first marriages end in divorce, with second and subsequent marriages more likely to fail. Going through a divorce is difficult for anyone, but as a single mother, there are unique legal considerations you need to be aware of to protect yourself and your children. Here are some key things to keep in mind.
Child Custody
One of the most important decisions made during a divorce is the custody arrangement for any children involved. There are two main types of custody – physical custody (where the children primarily reside) and legal custody (the right to make major decisions about the children’s welfare). Five out of six custodial parents are mothers. Requesting joint legal custody ensures you will still have a say over major choices even if your ex gets more physical custody. If your ex was abusive or is unfit, push for sole legal custody.
Child Support
Make sure you fight for adequate child support during the divorce so you can financially support your kids. The court will determine a child support amount based on things like both parents’ incomes, the cost of raising the kids, and the amount of time each parent will have physical custody. You may also be able to get your ex to contribute to other child-related costs like education, medical expenses, and activities. 4.5 million non-resident fathers don’t pay child support in the US, even when there is no good reason for doing so, which is why it’s important to work with an experienced divorce attorney.
Spousal Support/Alimony
In some cases, the higher earning spouse will be required to pay spousal support (alimony) for a period of time post-divorce. The purpose is to help the lower earning spouse maintain a similar standard of living. As a mother who may be taking time out of the workforce, ask your lawyer if you are entitled to short or long-term alimony.
Retirement & Savings
Make sure your retirement accounts and savings are properly divided as part of the divorce settlement. You are entitled to an equitable share based on the length of the marriage and other factors. This includes things like a share of 401k savings, pensions, and investment accounts your spouse may have. Protecting your financial future is key.
Property Division
You are generally entitled to a fair division of any joint property like your home, vehicles, bank accounts, and personal property. Separate property owned before the marriage is usually exempt. Again, an attorney can advise you on the most favorable division. Be sure to also cancel any joint credit cards or accounts.
Insurance Needs
After the divorce is finalized, you will need to look into securing health, auto, and life insurance on your own. Make arrangements to avoid any lapse in coverage for you or your dependents. Your children’s father can also be required to keep the kids on his health insurance plan.
Tax Considerations
Speak to a tax professional to see how your new single filing status will impact your tax liability and options for claiming dependents. You may lose certain tax benefits from when you were married. Understand how child support is treated for tax purposes as well.
Estate Planning
Since you are now single, update important documents like your will, advance medical directives, and powers of attorney. Appoint guardians for your children in case of your death or incapacitation. Make sure your children receive their proper inheritance.
Stay calm, know your rights, and focus on starting your new life. With determination and resilience, you can thrive as a single mother.
Leave a Reply