Women accounted for 46.8 percent of the labor force in 2010, according to the U.S. Department of Labor. Nearly 60 percent of all women over the age of 16 are working or looking for work. The virtual parity in numbers between men and women in the workforce impacts the manner in which courts resolve divorce cases in the United States, according to "Nolo's Essential Guide to Divorce," by Emily Doskow.
Considerations
The impact of women in the workplace resulted in a breakdown of gender stereotypes, and even preferences once associated with divorce proceedings, according to the American Bar Association Section of Family Law. For example, women face the prospect of paying a husband's alimony or spousal maintenance. In addition, men who served as the primary caretakers of children during the marriage can win custody in divorce cases.
History
Prior to the mid-1980s, a variety of preferences or presumptions existed in divorce law across the United States, according to "The Complete Divorce Handbook: A Practical Guide," by Brette McWhorter Sember. A presumption existed in favor of women gaining primary custody of children, based on the idea that the welfare of children depended upon such an arrangement. In addition, the laws were geared to provide women alimony indefinitely, based on the presumption that they could not gain an appropriate financial foothold following divorce.
Benefits
The benefits of women, work and divorce include permitting both men and women the same essential rights in divorce proceedings. In addition, children enjoy the benefit of a judicial system that places importance on both parents developing and maintaining meaningful relationships with their children.
Misconceptions
Misconceptions abound in regard to working women and divorce. For example, some people wrongly believe that a woman's job lessens her ability to seek custody of children. A woman's profession alone does not preclude her from winning custody, and more than employment issues hamper a man from prevailing in such a dispute.
Expert Assistance
Many divorce cases involve financial matters complicated by two incomes and two parents vying for custody, so parties in marital dissolution proceedings are best served by obtaining experienced legal representation. The American Bar Association maintains resources designed to assist women in finding capable legal representation.
References
- American Bar Association: Section of Family Law
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- U.S. Department of Labor: Quick Stats on Women Workers
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
