How Homemaker Contributions Affect Property Division after Divorce

 Posted on June 17, 2014 in Alimony / Maintenance

Being a stay-at-home mom or dad can be just as much a full-time job as being a corporate attorney, high school teacher, physician’s assistant, or any other profession. And yet, those who work as full-time parents and/or homemakers might be sensitive to the fact that they are not breadwinners and, actually, bring in no income at all. Consequently, the stay-at-home spouse might feel like a dependent.

Illinois law, however, considers marriage a “joint enterprise," which means it recognizes the contributions that a stay-at-home parent and/or homemaker made to the marriage. If the marriage ends in divorce, the law does not penalize the parent who traded a professional career for caretaker responsibilities in the home. While this does not mean that a divorced homemaker would not have to get a job, it does mean that the court considers the party’s future employment opportunities and homemaker contributions when dividing the marital property and determining whether he or she is entitled to alimony (or maintenance) payments.

It is easier to demonstrate evidence of homemaker contributions if the marriage produced children. However, if a spouse stayed home and took care of the children, he or she is not automatically entitled to a large payout. The breadwinning spouse may prove that the stay-at-home parent was a terrible homemaker or that the parties divided house and child-rearing responsibilities equally. Such evidence would seriously undermine a party’s homemaker argument when determining the value of marital contributions.

Illinois Divides Marital Property Equitably 

The greater the homemaker contribution, the more likely it is that he or she will be entitled to receive maintenance payments. The law recognizes that a homemaker may have put his or her career on hold and might have fewer career opportunities. Future earning capacity is an important fact that courts consider when assigning maintenance responsibilities and dividing marital property.

Because Illinois is an equitable division state, marital property is divided equitably when a couple divorces. Equitable does not mean equal; property is not automatically split 50/50 like in a community property state. Moreover, what is “equitable” is not legally defined. A court does not rely upon a standard formula but instead considers various factors to determine what is equitable. These factors include, but are not limited to:

• Each party’s contribution to the marriage, including the contributions of a stay-at-home parent or homemaker;
• The duration of the marriage;
• The value of the non-marital property assigned to each party;
• The value of the marital property proposed to be assigned to each party;
• The economic circumstances facing each party, such as future employment or other income opportunities;
• Whether either party was married previously and is entitled to child support or maintenance payments from another former spouse; and
• If the marriage produced children, the custody arrangement and child support payments owed.

Illinois does not consider marital misconduct when dividing marital property or when assigning maintenance and child support responsibilities.

We understand that divorce can be an anxious and contentious process, especially if you were the homemaker and are now facing economic uncertainties. You do not have to go through this process alone. Contact one of our experienced divorce attorneys today. We will ensure that you receive the assets that you deserve. We can assist those in the St. Charles area.