Divorce for Stay at Home Parents: What to Expect

 Posted on August 26,2015 in Alimony / Maintenance

You can expect to receive a fair share of your property according to Illinois' equitable distribution law. Equitable distribution does not mean equal distribution – basically, you will not automatically receive 50 percent of your marital property from your divorce. Instead, the court will examine your financial and personal needs as well as your partner's to determine a fair, appropriate way to allocate your marital property.

Many stay at home parents find themselves feeling anxious and overwhelmed at the prospect of divorcing their spouses. When you chose to leave the workforce to devote yourself to your family and household full-time, you most likely did so with the assumption that your spouse's salary would cover all of your family's financial needs until your children reach school age or adolescence, or possibly for the rest of your lives. But relationships change and marriages end. Do not assume that you cannot live independently after your divorce.

Spousal Maintenance

In Illinois, alimony is known as spousal maintenance. This is the money that the higher-earning spouse pays to his or her former partner after their divorce to continue to provide for the lesser-earning spouse. 

The amount of spousal maintenance you receive and the length of time for which you receive it depend on a few factors. One of these factors is the length of your marriage. A couple who was married longer, where the stay at home spouse was out of the workforce longer, is more likely to receive a permanent spousal maintenance agreement. This type of spousal maintenance agreement continues until the receiving partner dies or remarries. Other types of spousal maintenance plans give the receiving spouse support for enough time for him or her to complete a degree or vocational training in order for him or her to enter the workforce and become financially independent.

Child Custody

As your child's primary caregiver, you stand a good chance of being awarded physical custody of your child. This means that your child will live with you primarily. In this type of situation, you will most likely receive child support payments from your former spouse to cover expenses related to your child's day-to-day care, such as groceries, utilities, clothing, and school supplies.

Physical custody is not the same as legal custody. Legal custody refers to the right to make significant decisions for your child, such as his or her medical care, education, and religious upbringing. You can have sole physical custody but joint legal custody, as well as other variations like joint physical and legal custody or joint physical custody but sole legal custody.

Divorce Attorneys in Kane County

Do not compromise your interests during the divorce process by working with a less experienced attorney. Contact Goostree Law Group to discuss your case with a skilled Kane County family law attorneys at our firm during your free legal consultation. In some cases, the paying spouse can be required to pay for his or her partner's legal fees during their divorce – we can discuss this possibility with you to determine if it is an option. Let us guide you through the divorce process with compassion and dedication – contact our firm to begin working with us today.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000