We often think of marriage as an emotional or legal agreement between two individuals, who vow to love and take care of each for the rest of their lives. However, a marriage is as much a financial agreement as it is an emotional or legal one.
One of the most complex aspects of the divorce is financially splitting apart. It is common for one spouse to be more wealthy or have a higher income than the other, and this raises the question: I Want a Divorce But My Wife Can’t Support Herself: What to Do?
While the question refers to a wife needing financial support, the same situation can also apply to a case where the husband can’t support himself. Let us explore what option you have when you want a divorce but also don’t want your spouse to not be able to support themselves.
Understanding Key Divorce Laws in Kansas
Understanding the basic legal framework of obtaining a divorce in Kansas can help you make informed decisions and help navigate this challenging process more effectively. The state of Kansas is a no-fault divorce state. This means that you don’t have to prove any wrongdoing or misconduct to obtain a divorce. You can simply state incompatibility as your reason for seeking a divorce.
You are eligible to file for divorce in Kansas if at least one spouse has been a resident of the state for 60 days from the date of filing. Typically, the divorce process in Kansas starts with one spouse filing a petition for divorce at the relevant court in the county of their residence. The other spouse is served with divorce papers and offered an opportunity to respond. In some cases, the divorce process can be lengthy, so during the process, the court can provide the spouses with temporary orders to address immediate needs, such as child support or spousal support. These are just temporary orders until the process is complete and the court issues their final divorce decree.
How Does Spousal Support Work?
Before proceeding to help your spouse achieve financial independence, it’s crucial to understand the legal framework governing spousal support in your jurisdiction, and its implications for your specific case.
Spousal support, also referred to as alimony, is a key component of the divorce process, especially in cases where there is a mismatch in the income or wealth of the divorcing couple. There are different types of spousal support, including temporary, rehabilitative, and permanent. The type of spouse support depends on the purpose, duration, and usage. The short-term arrangements are to provide some financial stability until the spouse can start taking care of their financial needs, while the long-term arrangements might be for ongoing living expenses. In some cases, spousal support can last for several years or decades.
The amount of spousal support is often a contentious matter in marriages. There are several factors that need to be considered when determining the spousal support amount. Generally, the court will assess the financial resources of each spouse, including all their assets and liabilities. The court also considers the financial standing of the spouse after divorce. For e
Short-Term vs. Long-Term Marriages
You don’t want to stay married just for the sake of supporting your wife financially. This is likely to create more issues, both for you and your wife. For example, you may suffer increased emotional strain and resentment and your wife may never learn how to become financially independent.
If you are ending a short-term marriage, which is anything less than five years, then it may be slightly easier to return to the financial state before you and your spouse were married. For example, if your spouse decides to not work and be a stay-at-home mom, then it may be possible that we can go back to working.
You can agree to spousal support to make it easier for her to support herself while she looks for new employment or a new source of income. You may also agree to temporary spousal support, however, in some cases, such arrangements can often provide a financial incentive for the other spouse to prolong the divorce process.
For more long-term marriages, the situation becomes more complex. In such marriages, each spouse would have invested considerable effort and time, and financial separation can be challenging. To help your spouse support themselves, you can encourage equitable division of marital assets and agree to spousal support. The age and health of the spouse, the standard of living, and contributions to the marriage are key factors in determining the amount of spousal support.
Communication is Key
If you want to get a divorce but are concerned that your spouse won’t be able to support themselves, you should encourage clean and open communication to help them navigate through the financial complexities. This includes discussing your concerns about the ability of the other spouse to support them after divorce. It is possible that your spouse may also have similar feelings and already has plans to achieve financial independence.
Communication also provides an opportunity for both spouses to know exactly where they stand financially, so there are no misunderstandings. In some cases, communication can help divorcing spouses avoid lengthy litigation processes, which not only add to the expenses but also can take the focus away from income generation.
If you feel there is a certain spending pattern or bad financial habit that is causing your spouse to not be in good financial standing, then this is the time to share your concerns and help guide them to better financial choices. Showing the willingness to communicate and listen to your spouse’s concerns can go a long way in finding a solution to the problem.
Make the Process Easier
One way of helping your spouse achieve financial independence is to make the divorce process easier for them. This does not mean that you give up on your rights or compromise on a fair settlement. Instead, it means that you try to make the process as conflict-free as possible. While you can always have the court decide on the matter, if your spouse can reach an out-of-court settlement, it can be mutually beneficial. For example, you can agree to support your spouse until they can reach financial independence. The temporary financial support can go towards the essentials, such as living expenses and educational costs. You can even pay for their job training programs or other financial expenses required to find employment. If you are interested in starting your own business, you can consider providing an initial investment.
Ensuring Financial Security for the Future
Spouses who don’t have sufficient earnings or savings to support themselves are often concerned about their lives in cases where spousal support is not granted or there is only temporary spousal support. In such situations, one of the most valuable ways to support your wife is to provide her with access to financial education. You can encourage your spouse to pay attention to financial literacy programs that teach about debt management, savings, investments, and budgeting. For more in-depth or immersive training programs, you can encourage her to seek professional financial counseling.
You are also considering structuring alimony payments that provide gradual reduction. For any out-of-court settlement, you and your spouse have the freedom to structure alimony payments or financial arrangements as you like. With a gradual reduction of spousal support, your spouse would have the opportunity to build her earning capacity over time and be better prepared to support themselves after divorce. Ensuring equitable division of assets can also help her after divorce. This includes all types of assets such as real estate and retirement accounts. tHere be some complex issues in splitting retirement accounts including tax implications and methods of division, so it is best to get a financial expert involved in the process.
How Can an Attorney Help?
Divorce is a complex process and it can get even more complicated if you are concerned about your spouse’s financial independence after divorce. The good news is that there is a lot you can do to support them through this difficult transition. You can help them build a solid foundation to achieve financial independence.
For expert legal advice on the matter, you can consult with an experienced family law attorney, who not only can offer legal advice, but also manage all the related legal tasks effectively. This includes filing the divorce petition, court representation, and handling all the paperwork involved in the case. The attorney can also help negotiate a settlement, ensuring you and your spouse get a fair settlement, particularly concerning financial matters.
For more specific legal advice, you should seek high-quality legal services for matters related to family law, including guidance on how to get a divorce while offering financial support for your spouse. The top divorce lawyers in Kansas City will do a thorough assessment of your case to guide you on your best legal course of action. They might also point you to other resources, such as financial experts, that can help you in this matter.