Stay at Home Parents and Divorce

 Posted on November 18,2015 in Alimony / Maintenance

Traditionally, wives stayed at home to manage their households and devote themselves to raising their children full-time while husbands worked outside the home, providing all the financial support the family needed. As our attitudes toward gender roles and economic circumstances changed, it became more common for both parents to work outside the home to provide for their children. Today, opting out of the workforce to devote oneself to full-time homemaking is a luxury for many Illinois parents of both genders. When a couple decides to divorce, the fact that one of the parties spent a considerable amount of time out of the workforce can have a significant impact on the couple's divorce settlement. In Illinois, marital property is divided according to the principle of equitable distribution, which means that each spouse receives a portion of the couple's property according to his or her financial need following the divorce and economic and non-economic contributions to the household during their marriage. If you spent most or all of your married life as a stay-at-home spouse, talk to an experienced divorce attorney about how this can affect your settlement.

You Can Seek Spousal Maintenance

Spousal maintenance is money paid from the higher-earning spouse to the lower-earning spouse to cover his or her financial needs after a divorce. If you do not have the vocational skills or education to get a job that will meet your financial needs, you can seek what is known as rehabilitative maintenance, which is money that you can receive while you obtain the necessary credentials to seek sufficient employment.

It is rare that an individual can receive permanent spousal maintenance in modern divorces. Generally, this is reserved for individuals who are of retirement age or have disabilities that prevent them from working.

You Could Be Named the Custodial Parent

If you are your child's primary caregiver, there is a good chance you will be determined to be a better fit to have primary custody of him or her. In this type of arrangement, you will receive child support payments from your former spouse to cover the costs associated with raising your child.

Your Property Division will Reflect Your Status

A divorcing couple's property is divided according to each partner's needs. Without an income, you have a greater financial need than your former partner. This could potentially manifest through your receiving ownership of your family home or another substantial piece of marital property after your divorce. Keep in mind that every divorce is unique and the property you receive will be determined by the unique circumstances present with your case.

Kane County Divorce Attorneys

Our team of experienced Kane County divorce attorneys at Goostree Law Group are here to answer any questions you have about the divorce process and act as an advocate for you when your case goes to court. As a stay-at-home spouse, you have special interests and needs in the divorce process. Let us protect those interests by representing your case.

Sources:

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

http://iln.isba.org/blog/2014/08/18/spousal-maintenance-guidelines-become-law-illinois