What is the Best Case Scenario for a Stay-at-Home Wife in a Divorce Settlement?

Question from Drew, What is the Best Case Scenario for a Stay-at-Home Wife in a Divorce Settlement?

Answer from AI:

If you are a stay-at-home wife of 20 years with four children and have a restraining order against your husband due to domestic violence, you may be entitled to several forms of support and protection under New York law. Here are some key considerations and potential outcomes:

Alimony (Spousal Support)

In New York, alimony, also known as spousal support or maintenance, is designed to help the lower-earning spouse maintain a similar standard of living post-divorce. Given your long-term marriage and role as a stay-at-home parent, you may be eligible for:

• <strongTemporary Maintenance: Support provided during the divorce process.
• <strongPost-Divorce Maintenance: Long-term or permanent support after the divorce is finalized.

The court considers several factors when determining alimony, including:

1. The length of the marriage.
2. Your age and health.
3. Your earning capacity and future financial needs.
4. The standard of living established during the marriage.
5. The presence of domestic violence.

Child Custody and Support

Given the presence of domestic violence, the court will prioritize the safety and well-being of the children. You may be awarded:

• <strongSole Custody: If the court finds it in the best interest of the children, especially considering the restraining order and history of domestic violence.
• <strongChild Support: The non-custodial parent (your husband) will likely be required to pay child support. The amount is typically calculated based on a percentage of the non-custodial parent’s income and the number of children.

Division of Marital Property

New York follows the principle of equitable distribution, which means marital property is divided fairly, though not necessarily equally. Factors considered include:

1. The length of the marriage.
2. Your contributions as a homemaker.
3. The economic misconduct of either spouse, including domestic violence.

Restraining Order and Safety Measures

The restraining order will continue to provide protection during and after the divorce process. You may also request:

• <strongExclusive Use of the Marital Home: To ensure a stable environment for you and your children.
• <strongSupervised Visitation: If the court allows your husband visitation rights, it may be supervised to ensure the children’s safety.

Legal Resources and Next Steps

Given the complexity of your situation, it is crucial to consult with a legal professional who can provide personalized advice. Here are some steps you can take:

1. Consult with a family law attorney experienced in domestic violence cases.
2. Gather documentation, including financial records, evidence of domestic violence, and the restraining order.
3. Consider seeking support from local domestic violence organizations for additional resources and counseling.

For more detailed information, you can refer to the [New York State Unified Court System](https://www.nycourts.gov/) and the [New York State Office for the Prevention of Domestic Violence](https://opdv.ny.gov/).

Remember, each case is unique, and the best outcomes depend on the specific circumstances and evidence presented. Always seek professional legal advice to navigate your situation effectively.