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Do stay-at-home moms get a fair deal in divorce?

According to an article published in the Spring of 2019, about 25% of mothers choose to stay home and care for their families instead of entering or remaining in the workforce. Many of these women have advanced degrees, but at the end of the day, they believe they are better serving their families by staying home. What happens, though, to these women if their marriages fail to thrive? Will stay-at-home moms in Louisiana end up getting a fair deal in divorce?

There is no denying the difficulty of being a stay-at-home parent. A person in this position wears many hats and does not get paid for any of their duties. Even though stay-at-home moms do not receive monetary compensation, many believe that their work should be treated equally as valuable as their breadwinner spouses. Do the courts see it this way, though?

Louisiana is an equitable distribution state, meaning spouses should be able to divorce and leave with their fair share of the marital assets -- this does not mean assets will be divided 50/50. In some instances, stay-at-home moms may also be able to obtain spousal support to help them get on their feet. However, according to a study out of Vanderbilt University, women in this position are unlikely to get what they deem as fair settlements because their role in the marriage, to some, is not as significant as the spouse who has been the sole provider. The courts will look at several factors when determining if a proposed settlement and alimony request are appropriate under the circumstances.

Stay-at-home moms in Louisiana certainly can get a fair deal in divorce. The problem is, they have to be willing to fight for it. It may not come easy. Thankfully, women in this position can turn to legal counsel who will be able to help them achieve the best settlement terms possible.

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