Divorce can be a challenging and emotionally draining process for anyone, but stay-at-home parents often face unique obstacles when their marriages end. After dedicating years to maintaining the household and raising children, stay-at-home parents frequently find themselves at a financial disadvantage and uncertain about their future. If you've been a stay-at-home parent in New Mexico and are considering or facing divorce, understanding your rights and options is essential for protecting yourself and your children.
Financial Considerations for Stay-at-Home Parents
Spousal Support (Alimony)
New Mexico courts recognize the significant contribution that stay-at-home parents make to the family, even if that contribution isn't financial. Under New Mexico law, courts may award spousal support (alimony) to help the financially dependent spouse maintain a reasonable standard of living after divorce.
For stay-at-home parents, the court considers several factors when determining spousal support, such as the duration of the marriage, your age and health, your current and potential income, and your education level and employment history. They'll also look at the time you might need to acquire education or training for suitable employment, the standard of living you enjoyed during the marriage, and your spouse's ability to pay.
New Mexico doesn't have a specific formula for calculating alimony, giving judges considerable discretion. Support may be temporary (rehabilitative) to help you become self-sufficient, or, in longer marriages, it could be long-term or permanent.
Division of Property
New Mexico is a community property state, meaning that all assets and debts acquired during the marriage are considered jointly owned and subject to equal division. This includes retirement accounts, investments, and pensions, even if only one spouse was employed.
As a stay-at-home parent, you're entitled to your fair share of marital assets. This typically includes the family home (or proceeds from its sale), retirement accounts and investments, vehicles and personal property, and any business interests that developed during the marriage.
Employability and Career Reentry
Many stay-at-home parents face significant hurdles when reentering the workforce after divorce. If you've been out of the job market for years, you may need time and resources to update your skills or education, rebuild professional networks, and find employment that accommodates your parenting responsibilities.
New Mexico courts understand these challenges and may award rehabilitative alimony to support you while you pursue education or training. Additionally, child support calculations take into account a custodial parent's need to care for young children.
Child Custody and Support
Custody Determinations
New Mexico courts make custody decisions based on the best interests of the child. Being a stay-at-home parent can be advantageous in custody proceedings, as it demonstrates your historical role as the primary caregiver.
New Mexico uses two main custody terms: legal custody (decision-making authority regarding education, healthcare, and other major life decisions, often joint) and physical custody (where the child primarily lives).
When making custody decisions, the court will consider your ability to provide for your child's needs, your relationship with your child, your child's adjustment to their home, school, and community, and your willingness to foster your child's relationship with the other parent.
Child Support
In New Mexico, child support is calculated using a specific formula based on both parents' gross incomes and the number of children. Even if you don't have income as a stay-at-home parent, the court will establish support obligations based on the non-custodial parent's income.
Child support typically covers basic necessities like food, clothing, and shelter, as well as healthcare costs not covered by insurance, educational expenses, and childcare costs.
Practical Steps to Take
1. Gather Financial Documentation
Before filing for divorce, collect comprehensive financial records. This includes tax returns for the past few years, bank and investment account statements, retirement account information, property deeds and mortgage documents, credit card statements, and records of household expenses.
2. Assess Your Financial Situation
Take some time to create a detailed budget of your current expenses and what you think you'll need after the divorce. Think about housing costs, healthcare expenses, childcare, education for yourself and your children, transportation, and daily living expenses.
3. Consider Your Career Options
Now's the time to take stock of your education, skills, and work experience to figure out your employment prospects. You might want to think about whether additional education or training would boost your earning potential. Consider part-time work that allows you to balance childcare responsibilities, remote work opportunities, or self-employment options that use your existing skills.
4. Build Your Support Network
Divorce can feel isolating, especially when your social circles have revolved around your spouse or your kids' activities. Reach out to friends and family, look into support groups for divorcing parents, or consider working with a therapist who specializes in divorce recovery. Community resources can also be a big help during this transition.
5. Consult with a Family Law Attorney
Perhaps most importantly, work with an experienced family law attorney who understands the unique challenges faced by stay-at-home parents during divorce. At Genus Law Group, we specialize in helping stay-at-home parents navigate the complexities of divorce in New Mexico.
Legal Representation Matters
Having dedicated legal representation is particularly important for stay-at-home parents. Without an advocate who understands your specific situation, you may not receive fair treatment regarding property division, spousal support, child custody arrangements, or child support calculations.
The financial power imbalance that often exists between working spouses and stay-at-home parents can put you at a disadvantage during negotiations. Working with an attorney who specializes in representing stay-at-home parents can help level the playing field and ensure your contributions to the family are properly valued.
Contact Genus Law Group Today
If you're a stay-at-home parent considering divorce in New Mexico, Genus Law Group can help protect your interests and secure your future. Our experienced family law attorneys understand the unique challenges you face and will advocate tirelessly on your behalf.
Don't navigate this difficult process alone. Contact us today at 505-317-4455 or contact us through our website to schedule a consultation. We'll help you understand your rights, explore your options, and develop a strategy that supports you and your children through this transition and beyond.
