Are Stay-At-Home Parents at a Disadvantage in an Illinois Divorce?

 Posted on November 14, 2024 in Divorce

There is no one right way to live life. Some people spend their adult years traveling the world or building a rich social life, some are more focused on advancing their careers, and others concentrate on raising a family. These choices are inspired equally by a person’s wishes, unique background, and financial circumstances.

With so many options to choose from, it is no wonder that people who get divorced can be in very different situations. Divorce can be very different for a couple where both spouses have high-powered, lucrative careers than for a couple where one spouse is a stay-at-home parent. There are common misconceptions that homemakers are at a disadvantage in an Illinois divorce, but the truth is every single couple’s divorce is unique to the spouses and their specific situations. An experienced Wheaton, IL divorce lawyer can review your case and help you set realistic expectations.

How Do Parents Decide How To Divide Their Assets?

One of the many challenges a couple needs to overcome during their divorce proceedings is the division of assets. In general, they have the freedom to divide their property, assets, and debts as they see fit, as long as it seems fair and reasonable. If they have a prenup signed, that can certainly help. However, if they are unable to agree about who will get what, the court needs to decide for them. Illinois follows an equitable distribution model for the division of marital assets, and that will guide a judge in his or her decisions.

What Is an Equitable Distribution State?

Equitable distribution means that divorced couples are to divide their marital estate fairly, not necessarily equally. In some cases, a stay-at-home parent could end up with more than the working parent because their non-financial contributions factor heavily in the calculations. When deciding how much each spouse should get, a judge will examine several factors for each parent, including their:

• Financial situation

• Professional backgrounds

• Future potential earning capacity

• Contribution to the household and family

• Contribution to the other’s education or career

Since Illinois does not divide assets by simply calculating the total value and dividing it in half, these aspects can change how much each parent will get. For example, being a stay-at-home parent means you are handling the majority of household and childcare responsibilities instead of working and earning a salary. This arrangement also means that your spouse is free to be fully dedicated to their career. If you were not a stay-at-home parent, you could have earned your own income, and your spouse might not have been as successful at work.

How Is Custody Divided When There Is a Stay-At-Home Parent?

As with anything else that can affect a child, a major factor considered when making custody decisions is the child’s best interest. A parent who has been the main caregiver can be seen as having a stronger bond with the child and a greater capacity to meet the child’s needs. This may even result in that parent being awarded more parental responsibilities, including primary residential custody and more parenting time.

Even though shared custody arrangements are much more common, unless there are significant concerns about one parent, it is unusual for a stay-at-home parent to get less time with their child than the other parent.

Schedule a Free Consultation with a Wheaton, IL Divorce Lawyer

Many stay-at-home parents are worried that a divorce will unfairly impact them. In reality, there are many reasons to believe that they will end up with an arrangement that allows for a lot of time with their child and possibly a greater share of the marital estate. A skilled DuPage County, IL family law attorney can review your case and advise you on the best path forward to ensure that your rights and best interests are protected. Call Davi Law Group at 630-657-5052 to schedule a free consultation.