Changing Landscape of Spousal Support for Stay-At-Home Spouses

Family-law attorney Jacqueline Harounian, managing partner of Wisselman Harounian Family Law in New York, says that divorce law in the United States is moving away from the historic model in which one earning spouse—traditionally the husband—supported a non-earning partner for life.

Newsweek

Harounian points to New York’s adoption of no-fault divorce laws roughly 15 years ago as a catalyst for more gender-neutral outcomes, but she acknowledges that outcomes remain “highly dependent on state law.” Texas attorney Hannah Hembree Bell, founder of Hembree Bell Law Firm, highlights the contrast: Texas limits court-ordered spousal maintenance to a maximum of $5,000 per month or 20 percent of the paying spouse’s average monthly income, and eligibility is “restrictive.” Bell also reminds that Texas is a community-property state, meaning income and property acquired during marriage are generally divided regardless of which spouse earned the paycheck.

Newsweek

Harounian’s view reflects a trend she describes as rewarding individual earning power, while Bell cautions against extrapolating New York’s experience to the entire nation.

Newsweek

Bell argues that Harounian’s observations may not represent a nationwide shift, noting that “there isn’t one American divorce system.” She stresses that Texas’s community-property framework can mitigate the notion that the higher-earning spouse simply walks away with everything.

Newsweek

• “There isn't one American divorce system," Bell said.” — Hannah Hembree Bell, founder

Newsweek

• “Divorce law is state-specific, and what may be happening in New York can look different from what families experience in Texas.” — Hannah Hembree Bell, founder

Newsweek