When it comes to deciding how wealth will be split in a divorce settlement, the law is quite clear that there must be no discrimination between breadwinner and homemaker.
How is the contribution of a homemaker valued?
Although the Office of National Statistics has created an online calculator in an effort to put a value against unpaid work such as childcare, cooking and cleaning, in a divorce case the courts will look at the contribution from many angles, including the sacrifice of career progression and future earning potential.
Whilst the majority of homemakers are women, we are dealing with an increasing number of divorce cases involving female breadwinners whose husbands have taken time out of their careers to look after the home and family. Whatever the gender of the homemaker, the principle remains the same and contributions towards a marriage must not be valued in monetary terms alone. The role of a spouse who has dedicated a large part of his or her married life to looking after the home and caring for children is regarded as equal to that of the main income earner.
What can a spouse do to protect themselves if they have no income?
It can be terrifying to face divorce when you have no income of your own. You may hold back from seeking legal advice because you are not sure how you will pay for it. You are also likely to be concerned about the future financial security of you and your children.
Your position as homemaker makes it more important than ever to have an experienced family lawyer on your side who can explain your rights and negotiate a fair outcome for you and your family.
As well as making sure your contribution as homemaker is properly taken into account, your solicitor will also be able to secure interim financial support to meet the cost of things such as household bills, children’s extra-curricular activities and legal expenses.
In our experience spouses who have taken on the role of homemaker often neglect to put themselves first in a divorce. It’s our job to look out for them and this includes spotting areas that could reduce their settlement if they are not handled correctly. As pension specialists, for example, we make sure the breadwinner’s pension pot has been valued accurately. We also verify the valuations of property, business interests and other assets.
We cannot stress strongly enough how important it is for homemakers to have this kind of expert advice early on in the divorce process. Most cases are settled out of court these days which means agreements tend to be reached through negotiation rather than by a judge. We will act in the best interests of you and your family to make sure your contribution to the marriage is recognised and your financial future is secure.
Andrew Meehan is individually recommended for family law by both Chambers UK and the Legal 500. He is also a Resolution accredited specialist solicitor for divorce cases involving complex financial and property matters.
This article has been prepared with the aim of providing general information only and does not constitute legal advice in relation to any particular situation. While we aim to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. In addition, everyone’s circumstances are different and this article is provided by way of general information only and must not be relied upon. If you require legal advice on a family law issue, please feel free to contact us by emailing email@example.com. Harrogate Family Law accepts no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of any part of our website, except to the extent that such liability cannot be excluded by law.