Are Stay-at-Home Parents at Greater Risk in a Divorce?

 Posted on December 11, 2025 in Divorce

For married couples with children, it is common for one parent to fulfill a stay-at-home role. This usually involves tending to the house and assuming responsibility for daily child care. This arrangement can work for many families, but in a divorce, stay-at-home parents may feel disadvantaged.

At Shaw Sanders, P.C., our St. Charles, IL family law attorneys can provide stay-at-home parents with strong counsel and representation in contentious divorces. You may feel intimidated at the legal proceedings, but you can trust our legal team to use our decades of experience on your behalf.

Does Illinois Law Protect Stay-at-Home Parents?

As a stay-at-home parent, the division of property may be one of your largest concerns. Without a source of income, it might be difficult to assert ownership over certain assets. However, there are laws in Illinois that directly benefit stay-at-home parents in the division of the marital estate.

First and foremost, you should know that any property acquired during the marriage is considered marital property to be split between you and your spouse (750 ILCS 5/503). Even if the asset was not acquired with your income, you still have a claim to marital assets in a divorce. 

Illinois law also says that spouses can be reimbursed for "personal effort to non-marital property" if the asset substantially appreciates. For example, if you moved into a house you did not own and spent years helping your spouse fix it up, you could be compensated for your contribution to the house’s increase in value.

Alimony Is Not a Guarantee for Stay-at-Home Parents

For many stay-at-home parents, financial insecurity after a divorce is a major source of stress. Spousal maintenance, also known as alimony, can help to keep a stay-at-home parent afloat until he or she secures suitable employment. 

However, alimony is not a given in a divorce – it is something you must ask for. The courts will review several factors to determine if maintenance is appropriate, such as:

• The needs of each spouse

• The contributions of the spouse seeking alimony to the other spouse’s career

• The length of the marriage

• The age, health, and employability of each spouse

Are Prenups Unfair to Stay-at-Home Spouses?

Prenuptial and postnuptial agreements are documents used to preemptively settle certain matters in a divorce, like how property will be divided and whether alimony will be paid. Many couples use prenups to avoid drawn-out, expensive arguments in a divorce. 

However, you should always review the terms of a marital agreement carefully before signing, especially if you are a stay-at-home parent. If you enter into a one-sided agreement, it may be difficult to contest it later in court unless you can prove that you did not sign it willingly, or the judge finds it so grossly unfair that it would be unconscionable to enforce it.

Contact a Kane County, IL Divorce Lawyer Today

At Shaw Sanders, P.C., we understand how stressful it can be to navigate a divorce if you have been out of the workforce for a long time. To schedule a free consultation with our compassionate St. Charles, IL family law attorneys, call us at 630-584-5550.