Protections for Stay-at-Home Parents During Divorce

 Posted on May 24, 2024 in Divorce

Staying home to raise your children instead of working is a practical decision for many families. With the cost of childcare now rivaling or even exceeding the cost of a mortgage payment or rent and wages stagnating, many families find that one spouse’s wages would only really cover the cost of childcare. In these cases, it makes far more sense for the lower-earning spouse to stay home with the children instead of working for no real financial benefit. When stay-at-home parents get divorced, they often worry about how they will support themselves and their children after being out of the workforce for years.

Stay-at-home parents may be able to receive alimony or child support to help them remain financially stable. A Wheaton, IL divorce attorney can help you plan for financial security after divorce.

Understanding Equitable Division When One Spouse Was a Full-Time Parent 

A full-time parent’s contributions to the household and his or her spouse’s career have real economic value. One of the goals of equitable distribution in Illinois is to avoid a situation where one spouse no longer has the means to meet his or her basic needs. It matters less whose salary paid for what and matters more how each spouse contributed and what the individual needs of each spouse are.

It also matters what the children need. The stay-at-home parent often has a closer relationship with the children and has been their primary caregiver. This makes the full-time mom or dad more likely to get more parenting time. If this is the case, the court may be reluctant to force the full-time parent and children out of the family home, which may resolve your worries about housing.

Child Support and Spousal Support 

If you were financially dependent on your spouse and were married for a significant amount of time, you may be eligible to receive spousal support or long-term alimony. These payments can be temporary or permanent. Temporary spousal support can buy you time to get the training or education you need to get a good job. Permanent spousal support may be in order if your caregiving duties prevent you from working, such as if one of your children is disabled.

If you receive more parenting time, your spouse may also be ordered to pay child support. These payments can go toward meeting the needs of your children, such as their food, clothing, and educational or childcare costs.

Contact a Wheaton, IL Divorce Lawyer for Full-Time Parents 

Andrew Cores Family Law Group is dedicated to helping stay-at-home parents remain financially secure after divorce. Our DuPage County, IL divorce law firm has been serving clients since 1996. Contact us at 630-871-1002 for a complimentary consultation.