Divorce on Hold. Wait for the Economy to Get Better?

Many prospective clients always ask me if they should wait to get divorced. My answer is usually, "It depends." Only you can judge if you are ready to move on as a single person. If you and your spouse have exhausted every opportunity to stay together, you should think about divorce for your peace of mind. If you have children, your unhappiness will spill over into their lives.

Many people are so unhappy they make the decision to leave their spouse even if it means losing the lifestyle they are used to and living paycheck to paycheck. Some of my clients who have made the decision to leave the big house, the double income, the cars, and other "extras" tell me they are truly happy because they are no longer miserable living with a person they do not love anymore even though they are living with less.

I usually see two types of people who are considering divorce in this economy. The first type is the person who can live with their spouse and put up with him/her because they have learned to co-exist with little interaction. Most people are not in this category.

The second type of person is miserable and will do almost anything to get out of a toxic relationship. Who knows when the economy will get better? The decision to divorce your spouse needs to be considered carefully.

I ask prospective clients if they are employed, if they have property or bank accounts they could use, if they have a retirement account, or if they could downsize their home. If you and your spouse are both employed, ask yourself if you can live comfortably on the salary you make now. Can you afford the house payment, the rent, car payment, health insurance payment, the rest of the bills, etc.

If you have minor children, you and your spouse will be contributing to the children's support. Minnesota changed to the income share calculations in 2007. If you have a custody agreement, then you could likely figure out how much child support the residential parent will be getting. Spousal support is still awarded. You may know it as being called, "alimony". Most of the time, long term marriages result in the homemaker spouse being awarded alimony. Now, with both parents usually working, spousal support, or alimony is sometimes awarded, but not as often as in the past.

Ultimately, a divorce lawyer should be consulted prior to making any decisions regarding a divorce. The timing and process is often complicated, and mistakes can haunt divorcing couples for years to come.

Thinking About Divorce?