The Stay at Home Parent and Divorce

Divorce Attorneys Serving Schaumburg, Palatine, and Barrington

Working With Clients to Achieve Peace of Mind in the Divorce Process for Over Five Decades

Divorce can be difficult enough without also having to address extra complications, such as one spouse having given up education and employment opportunities during the marriage in order to be a stay at home parent. Parents who have stayed at home in order to raise children sometimes find themselves facing more difficulties in finding employment after divorce and panic over how to support both themselves and their children.

Regardless of the specific circumstances, it is absolutely crucial that you seek out the advice of an experienced family law attorney in order to ensure that you and your family are taken care of. When it comes to property and asset division, alimony (or “spousal support” in Illinois), and child support, Illinois, like other states, takes into account a spouse’s non-economic contributions to a marriage in dividing the marital estate equitably and awarding spousal support.

To discuss these issues and any other family law issue, Contact one of our attorneys for your consultation. At Glasgow & Olsson, we are committed to providing you with the very best in legal advice and representation.

Child Custody Concerns

Many spouses are sometimes frightened about potentially losing child custody because, as a result of being the stay at home parent for so many years, they do not have the funds to support themselves and their children.
Consulting and/or working with an experienced family law attorney can help you overcome this overwhelming hurdle of where to start, and help you prioritize your efforts in order to work towards the best outcome possible. 

In addition, when it comes to child custody, the courts are most concerned with what is in the best interests of the child, not just who the breadwinner of the family has been during the marriage. In Illinois, the law provides that any determination of a child’s best interests be based upon all relevant factors, including but not limited to:

  • The wishes of the child;
  • The child’s adjustment to their home, school, and community;
  • The mental and physical health of all individuals involved;
  • The ability for both parents to cooperate and share in the decision-making concerning the child;
  • The level of involvement each parent had in past decision-making concerning the child;
  • The wishes of the parents;
  • Any previous agreements between the parents with respect to the child;
  • The child’s needs;
  • The distance between the relevant residences;
  • The willingness of each parent to foster a close relationship between the child and the other parent;
  • Any history of physical violence against the child or someone else in the household;
  • Any past record of sexual offenses; and
  • Any other factor that the court finds relevant.

The most important thing you can do if you are facing divorce where there has been a stay at home parent is to become and stay informed. By ensuring that you stay informed, you are more likely to weather the fears that can accompany the divorce process when children are involved.

Financial Records and Spousal Support

In Illinois, you can be awarded permanent spousal support if you were married at least 20 years. This amount is calculated based on gross income before taxes, and not net income. Temporary support can also be awarded, and does not require that a couple be married for at least 20 years.

In order to ensure that you provide what is necessary to the court and obtain sufficient spousal support, it is crucial that you keep meticulous financial records which include details concerning income and expenses (tax returns, pay stubs, credit card statements, etc.), any assets and investments (including any accompanying titles for these assets), information pertaining to any inheritance or separate accounts you maintain, etc. You and your attorney will be able to create a financial plan together which includes how you will address employment and your own income.

Contact Us for Help

Regardless of your circumstances, we are here to help. Even one consultation with one of our attorneys can leave you feeling better able to tackle the road ahead. Contact us today for your initial consultation – we serve communities in and around Schaumburg, Palatine, and Barrington.