Why I Almost Always Recommend Clients Be Employed Before Filing for Divorce?

Author : Jeanette Soltys

Divorce marks a major turning point in life and financial stability plays a critical role in how smoothly that transition goes. One of the most important steps you can take before filing for divorce in Georgia is to secure employment or actively begin your job search. While this advice may feel overwhelming, especially for stay-at-home parents or spouses who’ve been financially dependent, it’s one of the most empowering and protective actions you can take.

Here’s why employment matters so much and how it impacts your future during and after divorce.

Support Payments Are Not a Complete Safety Net

Alimony and child support can be helpful, but they are rarely enough to fully cover your own living expenses. Many clients are surprised to learn that these payments typically only supplement not replace income. This is especially true if you’ve been out of the workforce for some time or if your family relied on one primary income earner during the marriage.

If you’re counting on support alone to meet your needs, you may quickly find yourself in financial distress. Even a generous support order doesn’t guarantee timely payment and unfortunately, non-payment is more common than many expect.

Georgia Judges Can Impute Income

In Georgia, courts expect both parties to contribute financially to their own support and to the support of their children. If you’re able-bodied and not working at the time of your divorce, a judge is likely to impute income to you. This means:

• The court assigns a fictional income to you based on what it believes you could earn, not what you are earning.

• Child support and alimony calculations will be based on that imputed income, not your actual financial circumstances.

In practice, this can severely reduce the support amounts you receive, and it makes financial planning during divorce negotiations much more difficult.

Employment Creates a Clearer Financial Picture

One of the most valuable reasons to be employed or actively job hunting before filing for divorce is the clarity it brings to the negotiation process. You’ll be better positioned to:

• Understand your monthly cash flow and what you realistically need to maintain your household.

• Engage in meaningful negotiation using real numbers, not assumptions or estimates.

• Begin building the foundation for long-term financial independence and stability.

Through our divorce services, we help clients evaluate their finances and develop a sustainable plan for the future—both during the divorce process and beyond.

Self-Sufficiency Is the Goal

The ultimate aim isn’t just to get through the divorce. It’s to thrive afterward. Becoming self-sufficient is one of the best ways to secure your future, regain confidence, and reduce ongoing dependence on a former spouse especially if support payments are delayed, reduced, or contested.

This doesn’t mean you have to jump into a full-time career overnight. But making steps toward employment whether by updating your resume, pursuing certifications, or applying for part-time work can make a dramatic difference in your divorce outcome.

Talk to Your Attorney First

Every situation is unique. For some, returning to the workforce may not be feasible right away due to health issues, caregiving responsibilities, or other legitimate concerns. Before making any major decisions, speak to your attorney to assess the specifics of your case.

That said, in most cases, being employed or actively looking for work gives you more options, greater security, and stronger negotiating power both inside and outside the courtroom.

Schedule a discovery call to learn how we can support you.