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How lower-earning spouses can protect themselves during divorce

On Behalf of | Jun 18, 2025 | Divorce |

Marrying a successful professional or someone with major career ambitions can set people up for a comfortable standard of living. In some cases, spouses choose to leave the workforce entirely. They manage the house or act as a stay-at-home parent for the couple’s children. Their efforts allow the wage-earning spouse to completely focus on their career.

Other times, the person who marries an ambitious or successful professional may continue working on a part-time basis. They might even continue working full-time but may deprioritize career advancement and instead prioritize providing support to their spouse and shared children.

People who deprioritize their careers during marriage may feel uncertain about the idea of divorce. They likely recognize that they cannot immediately support themselves given their current employment status if they leave their wage-earning spouse. How can dependent and lower-earning individuals protect themselves if they decide that divorce is the best path forward?

By pushing for appropriate property division terms

While lower-earning spouses may not have much property in their own names, they have an interest in shared marital property. Community property rules as established under Washington state statutes can be beneficial for dependent or lower-earning spouses.

Even though they may not have earned as much as the other spouse during the marriage, they still have an interest in the income that their spouses earned and the property acquired with that income during the marriage. They can negotiate for a fair share of marital property or ask the courts for support.

Dependent and lower-earning spouses may need to pay close attention to the resources included in the marital estate. They can potentially secure resources that allow them to live independently and maintain a reasonable standard of living immediately after the divorce.

By seeking maintenance

Spousal maintenance exists to protect dependent spouses during and after divorce. A wage-earning spouse may have to make regular payments to a lower-earning or dependent spouse. The duration of the payments and the amount the dependent spouse receives vary drastically depending on factors.

The courts must review details, such as the income of both spouses, health considerations and other unique factors. Spousal maintenance can provide support as people resume their careers and begin working toward financial independence.

Lower-earning or dependent spouses often need assistance understanding their rights and navigating the divorce process. Working with an attorney can help people facing complex divorce proceedings obtain fair property division terms and spousal maintenance that may make independent living a realistic divorce goal.

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