Divorce in the U.S. is changing right before our eyes, one family law attorney says. Spouses who are not in employment and otherwise depend on their partner financially. New York-based Jacqueline Harounian, the managing partner of Wisselman Harounian Family Law, told Newsweek that the great American divorce, for years, has followed a predictable pattern—until now.
In previous decades, typically one spouse, usually the husband, earned the money, while the other, usually the wife, raised children and managed the home, with courts stepping in to provide long-term financial protection for the latter if the marriage ended. That binary reality is being phased out. "The laws are changing, the earners are going to get to keep their money, and the spouses that are dependent will get support, for a short period of time," Harounian, 56, said.
"Approximately 15 years ago, New York became the last state to enact no-fault divorce laws, and since then, the laws are becoming more gender neutral. Fathers are taking a more active role in raising children, and as a result, many are seeking 50-50 custody. On the other hand, mothers are surging in career and income power." She continued: "All while stay-at-home mothers are receiving less in spousal support, payment of their legal fees, and equitable shares of marital property, including businesses and other assets." The broader reality, some legal experts say, is more nuanced.
While Harounian says that family courts are increasingly reflecting social changes that reward individual earning power, another family law attorney consulted by Newsweek cautions that divorce outcomes remain highly dependent on state law—a fact that Harounian also flags—and that financial dependence is the issue families should be thinking about. Harounian was admitted to practice before the U.S. Supreme Court in 2013, and drawing on years of experience, believes the legal landscape has evolved significantly since New York enacted no-fault divorce laws.
The result, she said, is a system that increasingly treats spouses as individual economic actors rather than members of a traditional household structure. In her view, stay-at-home spouses are securing less spousal support, receiving fewer legal-fee awards and obtaining smaller shares of marital assets than in previous decades. "Earners are walking away with more money, and dependents are ending up with much less," she said.
That shift, Harounian believes, cuts across political and ideological lines. She said reactions to her views, which she shares online under @ny_divorce_lawyer, have resonated with both men and women, particularly against what she describes as a deeply polarized gender landscape. For spouses considering divorce, her advice is simple.
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