February 12, 2026

By: Carla Schiff Donnelly

Stay-at-home parents and homemakers often ask whether they will have to get a job after divorce. The short answer is no — the court cannot order you to get a job. However, the reality is more nuanced. Depending on the support you receive and your financial needs, working may become necessary.

Importantly, the court has the authority to assign an earning capacity to a spouse or parent who is not working or who is underemployed. Under Pennsylvania Rule 1910.16-2, if a party has willfully failed to obtain or maintain appropriate employment, the court may impute income equal to that party’s earning capacity. In practical terms, this means the court looks at what you are capable of earning, not just what you actually earn.

For example, if you earn $10/hour part time, the court could impute to you a 40-hour work week to you instead. Or, if you have a degree or certification, the court could impute an income commensurate with your training.

When determining earning capacity, the court considers a number of factors, including age, education, training, health, work history, past earnings, and childcare responsibilities. In cases where earning capacity is heavily disputed and has a meaningful impact on support, vocational experts may be retained to evaluate employability and income potential. Even without significant work history or skills, a court may assign a minimum-wage earning capacity.

Earning capacity plays an important role in support. In Pennsylvania, support is based on each party’s income or earning capacity. During the separation period, spousal support or alimony pendente lite is calculated using a formula that considers the difference between the parties’ incomes or earning capacities. After divorce, the court considers earning capacity, financial need, and equitable distribution of assets when determining alimony.

The court may project that the dependent spouse’s earning capacity will increase over time due to further training or retraining and experience. Take, for example, a stay at home parent has been out of the workforce for 10 years but previously held a license to work as a dental hygienist. The court may consider the time it would take to become re-licensed. The court could find that the spouse is qualified to work as a dental assistant in the interim. When the case reaches equitable distribution, the spouse will then have an increased capacity to earn. This is regardless of whether they actually made the effort to obtain a new license. As this spouse increases their earning capacity, they decrease their need for support.

That said, the news is not all bad. If your spouse is a significantly higher earner and your earning capacity is modest, your earning capacity may have little impact on the support you receive. Additionally, work-related childcare expenses are allocated proportionally based on income. In situations involving very young children, childcare costs may exceed what you could realistically earn. In fact, the Pennsylvania Rules state that the court shall consider “childcare responsibilities and expenses that would actually be incurred by the party if employed.”  Rule 1910.16-2.

While the court cannot force you to work, it is often easier to meet financial obligations with actual income. An income attributed to you by the court cannot be used to pay real bills.

Every situation is different, and outcomes depend heavily on individual circumstances. It is important to have counsel review your financial picture, work history, and support exposure to help you understand your options and plan accordingly.