What Can I Do if I Get Fired in an Illinois Divorce?

 Posted on May 26, 2024 in Divorce

Getting divorced in Illinois is challenging enough. Getting fired during your divorce is an incredible hardship.

Luckily, some courts understand that. If you lose your job during a divorce, contact your divorce attorney. He or she will explain how your job loss may be able to earn you some reprieve in other areas of the divorce process. This article will discuss some of those areas, such as:

• Spousal support

• Child support

• Debt division

However, keep in mind that if you want a court to be sympathetic to your job loss, you will need to explain why it happened.

Why Does the Court Care Why I Got Fired?

The court cares why you lost your job because it wants to know if you could have avoided it. Some spouses going through a divorce want to quit their jobs or get themselves fired so they can avoid having to pay child or spousal support. This strategy does not find sympathy in the eyes of the courts. Someone who genuinely lost a job and could not help it, however — such as a person who was let go in a mass layoff — might receive some compassion from a court.

Spousal Support

When a judge orders one of the parties to pay spousal support, also known as alimony, he or she bases the decision on several factors, such as:

• The duration of the marriage

• The needs of each spouse

• Which spouse has child custody

But one of the biggest factors judges look at when making decisions about alimony is the income of each spouse. If you have been terminated, that can affect the judge’s decision. He or she will then look at your employability to understand when you should be able to find work again.

If you lose your job after being ordered to pay spousal support, ask your attorney if the time is right to request a post-decree modification, which is asking the court to make a change to the original order.

Child Support

The situation is similar with child support. If you lost your job through no fault of your own, it may affect a judge’s decision. However, courts are less willing to let someone off the hook for child support. Your attorney may be able to convince the court to add a clause to the support order that allows you to begin making payments once you are gainfully employed.

Debt Division

Just like spouses who get divorced divide their property, they also divide their debts. Debts that either partner incurred during the marriage and benefited both spouses are called “marital debt.” Both spouses are responsible for marital debt.

However, Illinois law divides debt fairly, not equally. When judges assign marital debt, they sometimes assign the larger portion of the debt to the spouse who is more financially able to pay it.

Contact a St. Charles, IL Divorce Attorney

It is hard to know how a court will react to your termination from your job. That is why you should hire a Kane County, Illinois divorce lawyer who can help you. At Goostree Law Group, we are familiar with how courts view job losses, and we will work aggressively to make it work to your advantage. Getting divorced is challenging enough — leave the legal challenges to us. Call 630-584-4800 for a free consultation today.