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Divorce introduces a world of complicated emotions and challenges into the lives of spouses. Even a relatively amicable end of a marriage is fraught with difficult feelings, marking a significant life change for everyone involved. For many divorcing couples, the divorce only gets more complex when the element of religion is added into the mix. At Aiello & DiFalco LLP, we understand that every divorce is unique and must be handled on its own terms, regardless of the circumstances.
Divorce Rates of the Religious and Non-Religious
According to the National Institutes of Health (NIH), there is a strong negative correlation between religion and divorce. More specifically, spouses who frequently attend religious services are much less likely to end their marriages. Conversely, the NIH says, less religious people are more likely to divorce.
The Pew Research Center has taken a closer look by breaking down divorce rates among specific religious groups:
- Protestant Christians 51%
- Catholics 19%
- Jewish 9%
- Mormon 7%
- Muslims 8%
- Hindus 5%
- Buddhists 10%
- Sikhs 6%
- Jehovah’s Witness 12%
- Atheists 11%
The relatively high rate of divorce among Protestants may be due to both their prevalence in the country and the diverse views of divorce among members of the group. Compared to atheists, Jews, Mormons, Muslims, Hindus, Buddhists, and Sikhs have lower divorce rates.
Courts have to walk a fine line when it comes to religion and divorce, mainly for constitutional reasons. At the same time, judges are not unaware that spouses bring different values both into their marriages and out of them when divorce is looming. To that end, courts make an effort to reasonably accommodate religious sensitivities while following state and federal laws.
How Does Religion Impact Custody?
One area in which religion can play a major factor is child custody. Judges are obligated to primarily follow the law and base their decisions on what is in the child’s best interests. However, the parents can come to an agreement on reasonable terms that promote their religious beliefs in the context of custody. For instance, they may decide that the child will attend a religious school or continue to participate in practices and customs that are essential to their faith.
In matters like this, the parents would be well-advised to take the mediation process seriously. Courts are more reluctant to insert religious terms into court orders, but parents can mediate and settle these issues between them before taking their agreement to the court for review and approval. Importantly, it should be stressed that the parents do not have to agree on all issues related to their divorce to make mediation successful. So they may agree on religious matters concerning their children but not, for instance, alimony.
Of course, the parents may disagree on the religious upbringing of the child. In that case, the divorce court would be more pressed to balance the interests of the two parents. The judge would likely develop an arrangement by which the child can experience the religious or non-religious traditions of both parents. The judge will generally only limit a parent’s religious influences over the child if there is evidence that they are harmful.
Religion, Spousal Support, and Alimony
Spouses may have religious beliefs about how to support one another during a marriage, and these views can continue even into divorce by shaping the issue of spousal support. For instance, one spouse may believe that despite the end of their marriage they should provide substantial financial support to the other. This may amount to more money than a court would otherwise award, since the judge would be using non-religious factors to make the decision.
Similar considerations may impact property division. The spouses might agree that one or the other should be entitled to certain assets because of their shared religious customs. As with the above matters, the spouses are free to decide for themselves how they wish to divide marital property. New York is an equitable distribution state, so the judge’s main concern in reviewing such an agreement is that the property division be fair (equitable does not necessarily mean equal). If the spouses are unable to agree, the court will divide their property based on the state’s equitable distribution law.
Walking With You Each Step of Your Divorce
Divorce is ever easy, and religious considerations will complicate them. However, you do have options. We can explore mediation and how it could be used to preserve your most sacred beliefs even after the marriage comes to an end. If court is necessary, we are prepared to litigate on your behalf as well. Learn more about how Aiello & DiFalco LLP can serve you today.
Aiello & DiFalco LLP serves clients in Garden City, Hicksville, Long Beach, Massapequa, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, and New York City.