Navigating Financial Disparity in Marriage: A Legal Perspective on 'Kept Spouses' and Alimony

When considering a divorce, one of the most significant factors a court will analyze is the financial "status quo" established during the marriage. Understanding this concept is crucial, especially for spouses who are the primary financial providers.

Angel Murphy, Esq., an attorney expert in Maryland and the District of Columbia, sheds light on the unspoken topic of the "kept spouse" and its profound implications for spousal support.

What Is a 'Kept Spouse' Status Quo?

The term "kept spouse" refers to a situation where one partner primarily handles the family's finances. This individual works, provides financial support, pays the bills, covers car payments, and manages the vast majority of expenses. The other spouse, in turn, may contribute in non-financial ways, such as cooking or cleaning, but remains financially dependent.

Why This Status Quo Is a Risk in Divorce

Regardless of gender, establishing this type of financial dynamic can create a significant legal risk. If a divorce occurs, the court will look to the established lifestyle and financial arrangements of the marriage as a guide.

This "status quo" becomes the primary guidepost for the court when it analyzes claims for alimony and spousal support. If you have been the sole provider, financially "keeping" your spouse, the court may use this precedent to determine your future support obligations.

Proactive Steps to Protect Your Financial Future

To avoid a status quo that could lead to unfavorable alimony or spousal support judgments, it is wise to ensure a more balanced financial footing. This does not necessarily mean splitting every expense 50/50, especially if there is a significant income disparity.

However, the primary breadwinner should not be the only person paying for things. Encouraging the other spouse to contribute, even in smaller ways, is important. For example, have your spouse pay the light bill, manage the lawn care expenses, or cover the housekeeping costs. By ensuring both parties are financially contributing to the household, you avoid establishing a one-sided financial precedent.

Ultimately, the court will base its analysis on the reality of how the parties lived. Taking steps to create a more financially equitable partnership can help prevent a disadvantageous outcome in a potential divorce.

Legal Guidance

Navigating the complexities of spousal support and financial settlements in a divorce requires legal advice. If you are in Maryland or the District of Columbia and need legal services regarding family law, divorce, or financial planning, contact the offices of Angel Murphy, Esq.