DivorceNet®

After several years too long, I have finally decided to file for divorce.
I was laid off several months ago and am still unemployed. Should I wait until I have a new job to file or is there any benefit or negative to filing while I'm still out of work?

Edited to say: married 10 years, no kids.

No difference either way.

" Should I wait until I have a new job to file or is there any benefit or negative to filing while I'm still out of work?"

It depends on whether how long AFTER you get a new job to file for divorce. If you file the day after, then there isn't much different since there isn't any new income from you yet to be counted as marital money. It also depends on whether the condition of your both's living whether it's tolerable to drag on in order to "enjoy" the money you have on hands before it will be counted as marital money and you must surrender some of it. If you don't have any, then you can just live off your spouse's support (provided he/she works) until you found a job. However, if you file now and your spouse works, he/she may have to pay some spousal support because of the 10 years threshold.

"However, if you file now and your spouse works, he/she may have to pay some spousal support because of the 10 years threshold."

This is incorrect. There is a detailed set of rules to determine if alimony will be awarded. Being unemployed for the moment, unless the job cannot ever be replaced because of elimination of that type of job, will play little, if any part. Income potential will used.

Thank you both. I guess it's just time to get a local lawyer to line up the specifics. If I can stand waiting, it would be just until right after I got the new job as I'd like to be sure I have my own money coming in to support myself. We've got some funds, most of it came from my work efforts, so I may need to be ok with giving up half. I'm not interested in financially punishing him or sponging off him, I just want him gone so he can go be free to continue chasing after his married ex-girlfriend and whomever else he's texting and emailing behind my back. The housing is probably going to be the stickiest part but I'll rely on a lawyer to see what can be done with that.

"I guess it's just time to get a local lawyer to line up the specifics."

Always good to be prepared.

"If I can stand waiting, it would be just until right after I got the new job as I'd like to be sure I have my own money coming in to support myself."

Good idea since the divorce itself will age you a few years and you don't want "double" stress of divorce and unemployment at the same time.