If you’re getting divorced and your spouse earns more than you or simply has more separate assets to fall back on, you may worry that the court will give your ex custody instead of you. It feels like your ex could argue that their relative wealth, compared to yours, means that the kids would be better off there.
How does the court see it? Are they going to agree that the children deserve that affluent lifestyle and simply give you a right to visit once in a while, as your children live with your ex? It’s certainly a concerning thought.
What are the children’s best interests?
The good news here is that the courts typically do not rule this way. They merely attempt to determine what is in the children’s best interests. Yes, money may be a part of that, but it is not the only factor.
For instance, repeated studies have shown that having two involved parents is almost always better for the children. They deserve time with both parents, and they grow and develop better when they get it. This is why shared parenting has become the norm. If possible, the court will attempt to make it so that you get time with the children.
Plus, you’re going to get some of the family’s marital assets in the divorce. Even if your spouse earns more than you, you still have rights to part of the marital assets. You can still provide a wonderful living situation for the children and be involved in their lives. Just be sure you know how to fight for your rights.
