Stay At Home Parents And Homemakers In An Illinois Divorce

A marriage with a homemaker is often a symbiotic relationship where everyone is happier for it…until they’re not. After a divorce, there can be no further cooperation. The homemaker either has to get a job, request alimony, child support and/or a greater share of marital assets. During an Illinois divorce, stay at home parents, homemakers and their spouses face special considerations as their lawyers and the divorce courts try to rebalance their now separate lives. “Marriage is a partnership, not only morally, but financially. Spouses are coequals, and homemaker services must be recognized as significant when the economic incidents of divorce are determined. Petitioner should not be penalized for having performed her assignment under the agreed-upon division of labor within the family. It is inequitable upon dissolution to saddle petitioner with the burden of her reduced earning potential and to allow respondent to continue in the advantageous position he reached through their joint efforts.” In re Marriage of Hart, 551 NE 2d 737 – Ill: Appellate Court, 4th Dist. 1990 (on dissent)  Homemakers and Maintenance (Formerly Known As Alimony) In An Illinois Divorce In almost every case involving a homemaker or stay at home parent, there will be a maintenance award from the working spouse to the non-working spouse. The first step in the analysis of awarding maintenance in an Illinois divorce is determining if maintenance SHOULD be awarded. In order for the court to allow maintenance, the court must consider a series of factors, many of which strongly imply that a homemaker should be awarded maintenance. Those factors include: • The income and property of each party• The realistic present and future earning capacity of each party• Any impairment of the present and future earning capacity of the party seeking maintenance due to that party devoting time to domestic duties or having foregone or delayed education, training, employment or career opportunities due to the marriage• Any impairment of the realistic present or future earning capacity of the party against whom maintenance is sought• The time necessary to enable the party seeking maintenance to acquire appropriate education, training, and employment, and whether the party is able to support himself or herself through appropriate employment or any parental responsibility arrangements and its effect on the party seeking employment• The standard of living established during the marriage• The duration of the marriage.• The age, health, station occupation, amount and sources of […]

from Russell D. Knight | Family Lawyer Chicago https://rdklegal.com/stay-at-home-parents-and-homemakers-in-an-illinois-divorce/