Q:

What are a wife's rights?

A:

Quick Answer

Except in cases of a non-working woman or specific child custody rights, both men and women have equal rights in a divorce proceeding, according to LegalZoom. Throughout the separation or divorce process, the couple discusses financial and custodial issues via court proceedings or mediation.

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Full Answer

While most divorce court cases do not award special rights to women, alimony issues become relevant in situations in which the wife does not work. If the wife does not work because of her choice, and she has the proper education and skills to receive work, alimony is rarely awarded, explains LegalZoom. However, if she is unskilled and uneducated, the court may require the spouse to provide continuing support.

If the wife is young and uneducated, she often receives a type of alimony known as rehabilitative alimony, explains LegalZoom. This is meant to provide her with a temporary cushion while she develops the skills and education necessary to get back on her feet. In cases where the marriage lasts more than 10 years or the wife is past a certain age, she may be awarded long-term alimony. This lasts until the spouse passes away or the wife remarries. The final amount and duration of alimony is ultimately up to the presiding judge.

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