Are Stay-At-Home Parents Worse Off in Divorce?

 Posted on January 09, 2024 in Divorce

People who get married can often come from different backgrounds and with different careers. The professional differences can be felt in how demanding or flexible their job could be. One spouse can have a job where they need to work long, inflexible shifts married to people who work a regular 9-5 job. A CEO of a large corporation could be married to someone who’s writing a novel from the comfort of their home. If the spouses have similar job schedules and demands, they might decide that it would be best for one to stay home and handle all the household responsibilities, especially if they become parents. If you are now a stay-at-home parent and you are worried that this will negatively impact your divorce settlement, a Joliet, IL, divorce attorney can help guide you through this process with compassion and advocate aggressively for your rights. 

Asset Division for Stay-At-Home Parents

When one spouse stops working so they can take on the primary children-raising and home-maintenance roles, they face consequences beyond not earning a salary. The years spent out of work could make them less attractive candidates for jobs in the future. Developments in the field they may have been experts in would also mean that they are no longer up-to-date on the newest innovations and common practices, making it even harder for them to get hired in the future. Their professional network will also be affected by the amount of time spent out of work.

The State of Illinois follows an “equitable division” method for dividing assets during divorce. This means that rather than splitting all assets or their monetary worth in half, many other factors will be taken into account, including:

• Each spouse’s current income
• Each spouse’s earning potential
• How hireable they would be based on their recent professional experience.
• If either spouse supported the other’s career. They could have worked and been the only breadwinner while their spouse got their degree or career training, or left their job to be the primary caretaker so their spouse had the flexibility they needed at work to advance in their career.
• If either stayed home to raise the children instead of advancing professionally.

Schedule a Free Consultation With a Will County, IL, Divorce Lawyer

Time spent out of a job and raising a family might be recognized and even valued by the courts in Illinois. While some non-working parents might avoid divorce due to financial concerns, in some cases being a stay-at-home parent can help you get a favorable divorce settlement. Rather than letting your fears keep you stuck in an unhappy marriage, you should speak with an experienced Plainfield, IL, divorce attorney who can create a plan to protect your rights and interests. Call 815-666-1285 to schedule a free consultation with Law Offices of Tedone and Morton, P.C..