Whether unemployment rates are high or low in North Carolina, unemployment causes havoc for happily married couples and for those going through a divorce.
When a spouse loses his or her job, typically financial consequences put a strain on a marriage. Disagreements over money are a major source of tension for couples. Unemployment in a marriage tends to increase and heighten other negative aspects and contributes to animosity. The working spouse can easily begin thinking negative thoughts like, “he doesn’t have a job and he can’t even empty the garbage correctly” . The emotional costs and impact of unemployment can lead to depression, substance abuse, anger issues, and fights over money.
In Raleigh and the Triangle in general, this can be an especially common issue even for the hardest of workers. Start-ups are common here and, while sometimes fruitful, are not always stable for long-term employment. Entrepreneurs may jump from business to business seemingly on a whim, leaving employees in the dust.
One or any combination of the above results in a negative impact not just on finances, but also on a marriage. Divorcing an unemployed spouse, regardless of the reasons for unemployment, can create (often undue) resentment between spouses. Toxic thoughts heighten for a couple – especially if the unemployment lasts for over a year.
Challenges When a Partner is Unemployed in North Carolina
There are numerous studies that support the conclusion that a husband’s unemployment greatly increases the chance of divorce for the couple. Some studies give these marriages a 33% greater chance of divorce. Despite a social shift in gendered expectations about work, a man who is unemployed still carries negative stigma. Also, many unemployed husbands admit that their self-esteem takes a hit upon employment loss.
Clearly there are spousal emotional costs associated with unemployment and divorcing an unemployed spouse. There are financial implications for spouses also. The family budget takes a huge hit. Making car and mortgage payments might be difficult. Vacations get cancelled. The family’s lifestyle will suffer. Of course, this worry and tension causes problems for couples.
Spousal Support and Affect on North Carolina Property Division
In North Carolina, a spouse without a job may be a dependent spouse and deserving of alimony or spousal support in a divorce. Wake, Durham, and Orange County tend to have empathy for spouse’s who are dependent upon their other spouse’s income. There are other factors involved that a judge may consider but, if one spouse is financially dependent on the supporting spouse, the supporting spouse may need to pay alimony. A judge may rule that the non-working spouse is entitled to rehabilitative support. This means the working spouse may need to pay tuition and living expenses while the non-working spouse attends college or a training program to learn a new skill or trade. This may occur in a situation where one spouse has been out of the work force for many years and/or does not possess any currently marketable work skills.
Unemployment of a spouse will likely impact property distribution, especially if you are the one divorcing an unemployed spouse. A judge may order an unequal division of property to offset the unemployment consequences that one spouse has suffered.
What recourse is there for the employed spouse?
Often clients may ask: Can a judge order a person to get a job? The answer is no. But, clients need to understand that a judge can impute income to a party. At a minimum, judges can impute minimum wage to a spouse for calculating spousal support. A judge could likely use a higher wage for a more trained and skilled spouse.
Likewise, if a parent thinks he or she can quit work to avoid paying child support, a judge can impute income in this scenario. Intentional underemployment can result in a judge imputing income as well. Yes, believe it or not, some parents might attempt to take a lower paying job to reduce their child support obligations.
Thus, the range of unemployment’s impact is vast in marriage and divorce. There are emotional costs that may cause the deterioration of a marriage. If you are struggling with unemployment, please be sure to visit the NC Division of Employment Security’s website for help with applying for unemployment, appeals, and laws and regulations associated with unemployment in North Carolina. Unemployment can also impact financial obligations between spouses and co-parents. Be sure to account for this when calculating child support.
North Carolina County Courthouse Information
| County | Address | Hours |
|---|---|---|
| Wake County | 316 Fayetteville St Raleigh NC 27601 | Monday: 8:30am-5:00pm Tuesday: 8:30am-5:00pm Wednesday: 8:30am-5:00pm Thursday: 8:30am-5:00pm Friday: 8:30am-5:00pm Saturday: Closed Sunday: Closed |
| Durham County | 510 S Dillard St Durham, NC 27701 | Monday: 8:30am-5:00pm Tuesday: 8:30am-5:00pm Wednesday: 8:30am-5:00pm Thursday: 8:30am-5:00pm Friday: 8:30am-5:00pm Saturday: Closed Sunday: Closed |
| Chatham County | 40 E Chatham St Pittsboro, NC 27312 | Monday: 8:30am-5:00pm Tuesday: 8:30am-5:00pm Wednesday: 8:30am-5:00pm Thursday: 8:30am-5:00pm Friday: 8:30am-5:00pm Saturday: Closed Sunday: Closed |
| Johnston County | 207 E Johnston St #209 Smithfield, NC 27577 | Monday: 8:00am-5:00pm Tuesday: 8:00am-5:00pm Wednesday: 8:00am-5:00pm Thursday: 8:00am-5:00pm Friday: 8:00am-5:00pm Saturday: Closed Sunday: Closed |
| Orange County | 106 E Margaret Ln Hillsborough, NC 27278 | Monday: 8:30am-5:00pm Tuesday: 8:30am-5:00pm Wednesday: 8:30am-5:00pm Thursday: 8:30am-5:00pm Friday: 8:30am-5:00pm Saturday: Closed Sunday: Closed |
To learn more about how unemployment can impact financials during a divorce or how to protect yourself and your financials during this process, you can contact us or call us at 919-787-6668 for a consultation.
Lisa has practiced law since 1987 but has also been heavily involved in legal education and writing. As a teacher at Central Carolina Community College, she has been nominated twice for Instructor of the Year. She has taught paralegal and criminal justice courses, authored legal study guides and articles for national publications, edited numerous legal studies textbooks, and consulted with legal authors on several writing and educational projects. She is also a Board member and Committee Chair for the North Carolina State Bar Board of Paralegal Certification.
