If you are awarded the marital home in your divorce, you will usually be given a certain timeframe to refinance the mortgage. Refinancing will release your former spouse from any obligations related to the home loan. If you are applying to a lender to refinance your mortgage and your income does not reach the amount required for the lender to refinance the mortgage, you could be denied. However, both maintenance (alimony) and child support can be considered “qualified income” for the purposes of refinancing. If you anticipate that you will be refinancing your home after divorce and are concerned about your application being accepted, it is best to speak with an experienced family law attorney at the early stages of divorce about divorce mortgage planning.
What is Qualified Income?
“Qualified income” is what a lender considers as usable income in a transaction. In certain circumstances, lenders will deem maintenance and child support as qualified income. Unlike attorneys, lenders do not differentiate between maintenance and child support—it is all considered “support” for purposes of refinancing. Lenders follow what is called the “6-36 Rule” when looking at whether these two forms of support can be used in the refinancing process.
What is the 6-36 Rule?
The “6-36 Rule” provides a clock for private loan lenders. To use support to refinance your mortgage, you must provide proof of six months of payments before applying with the lender. Then, you must show the lender that support will continue for 36 months or more after the closing of the refinancing. In total, you must be receiving maintenance or child support for at least 42 months for private loans. If your divorce settlement provides you with 36 months of maintenance, for example, that support does not count as qualified income. Looking at child support, your child’s age is also an important factor to look at, as child support payments may end before the additional 36 months required under this rule. Divorce lending and getting approved for refinancing is all about timing, stability, and consistency.
Why Early Divorce Mortgage Planning Is Essential
The 6-36 Rule makes proactivity crucial. Ideally, divorce mortgage planning is best begun early in the divorce process, when your lawyer is conducting “discovery” to identify all assets and income. Your attorney may work with a divorce lending professional to tailor the divorce settlement to your specific financial needs. A divorce lending professional can also review settlement documents before they are filed with the court to ensure lender guidelines have been met.
How a Family Law Attorney Can Help
An experienced family law attorney can assist you in staying on top of your divorce mortgage planning and cutting back on unnecessary stress.
*This article was written with the assistance of Caroline Vaaler, Saint Louis University Law student, anticipate graduation 2026, and the guidance of Emile Flowers, owner of Divorce Mortgage Planning Services, LLC.
Call Us! 
Contact Us