Many people who think about getting a divorce are concerned about timing it right. They wonder whether they should stick it through these hard economic times or leave when the going gets tough. Here are common considerations for initiating a divorce during difficult economic times.

You shouldn’t stay if there is trouble. When your relationship involves any kind of abuse or violence—be it physical, emotional, verbal or psychological—job loss and financial stress tend to make the situation worse. There are resources, shelters, hotlines, and counseling available. Most law enforcement, judges, and court personnel are trained and are there to protect you. The decision to leave should be made regardless of economic tides.

But if you go, it will cost double. When the family splits up, two households are created where there was once one, increasing costs almost twofold. Making ends meet becomes even more difficult if either or both spouses suffered a job loss or is having a tough time earning an income. Now may not be the time to increase liabilities for the family, especially if you can’t sell your home.

So, if you want your house off your back. . .

Divorce may not be the answer. On the other hand, the depressed housing market need not delay a divorce. Although it makes things simpler to sell the house and split the proceeds, the sale and distribution can be deferred in a divorce decree. Payout of a spouse’s portion of the equity can be made over time.

Nonetheless, marital debts do not go away once a divorce is filed—unless both spouses fi le bankruptcy. However, divorce and separate maintenance actions can be used as tools to allocate the debt to one spouse or the other. Even if you are not sure how the debts will be paid off, knowing who is supposed to pay what can help reduce stress.

One day your job is fine; the next day it’s black…

Some may believe that fi ling for divorce while they are unemployed will work to their benefit because their support obligations will be lower. In determining child support and alimony, the Court will consider current earnings; however, it may not ignore past earnings, education, skills, spending habits and other predictors of future earnings or a spouse’s “ability to earn.” That spouse may risk being court-ordered to pay support in an amount that exceeds his or her current budget. To prove an “inability to earn,” a spouse may need to demonstrate efforts made to locate employment. A vocational or economic expert may be required to prove that a specific industry is not hiring, or that there are no jobs for which a spouse is qualified—but that may be cost prohibitive. In either case, so long as some support is ordered, it can be increased later once earnings increase. This is true for both alimony and child support.

If indecision is bugging you. . .

Seek marital, credit, and legal counseling, and try to work out something that makes sense for both of you.

by Tamar Oberman Faulhaber

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Tamar Oberman Faulhaber is an Attorney at Law at the firm of Vernis and Bowling of Atlanta LLC. For more information contact her at 404.846.2001 or  www.Georgia-Law.com\tfaulhaber.htm