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Considerations for Stay-at-Home Parents in Divorce
Raising a child is practically a full-time job in and of itself. Some married couples split up the labor of taking home a household income and taking care of children separately. This system can work for many families, but it begs the question – what happens in a divorce? A stay-at-home parent may be concerned about transitioning out of the marriage, especially if he or she has not been in the workforce for some time.
If you have concerns about a pending divorce as a stay-at-home parent, an Illinois family law attorney can help. At Shaw Sanders, P.C., our divorce lawyers can represent you in negotiations for a settlement or in litigation, standing up for your rights.
Are Stay-at-Home Parents Entitled to Alimony?
Strictly speaking, nobody is guaranteed alimony in a divorce. Instead, judges evaluate each divorce on a case-by-case basis to see if alimony is appropriate. A stay-at-home parent could be considered eligible for alimony if he or she does not have the means to become self-supporting. This may be true if the stay-at-home parent does not have enough independent income or savings, or lacks the education or training to find a job easily.
The judge will also consider the time it will take for the stay-at-home parent to become self-supporting. The courts may account for the parent’s age, health, employability, and other factors when making this decision. Not all alimony agreements have to be figured out in court. You and your spouse could also settle on a reasonable amount of alimony through a settlement.
What Share of Marital Property Will Stay-at-Home Parents Receive?
Divorce judges in Illinois do not simply split marital property 50/50. The courts use a model of equitable distribution to split up shared assets. This means the marital property will be split up according to what is most fair to both parties.
For a stay-at-home parent, the courts may consider his or her economic circumstances. Additionally, the division of marital property can also factor in custody arrangements. If the stay-at-home parent has primary custody, the courts may award an appropriate share of assets to keep the child and parent financially stable. In some cases, stay-at-home parents are awarded the marital home, particularly if that parent has the majority of parenting time and it would provide the child with emotional stability.
At Shaw Sanders, P.C., we can help you negotiate for a fair share of your marital property. We know that you may not have the resources to become independent right away, so we will fight for a resolution that leaves you comfortable.
Do Stay-at-Home Parents Get Greater Rights to Child Custody?
In Illinois, all custody decisions must put the child’s best interests first. Stay-at-home parents are not automatically assumed to have greater rights to parenting time or decision-making responsibility in a divorce. However, if you have acted as the child’s primary caretaker, the court can factor that into a custody decision.
Meet With a St. Charles, IL Family Law Attorney Today
Divorce for stay-at-home parents can come with stress and uncertainty. At Shaw Sanders, P.C., our Kane County, IL divorce lawyers can help to protect your future. Call our offices at 630-584-5550 to schedule a free consultation today.
630-584-5550