Divorce and Stay at Home Parent Attorneys in DuPage County
Experienced Guidance for Divorces Involved a Stay at Home Parent in Illinois
When you are going through a divorce, finances are one of the major considerations. In families with only one breadwinner, there is often the perception that the one earning the money is entitled to most of the property. This is not necessarily the case. When it comes to divorce and stay at home parents, Illinois law recognizes the valuable contribution the non-working parent makes to the betterment of the family.
At Momkus McCluskey LLC, our divorce and family law group has in-depth knowledge of all the issues involving divorce and stay at home parents. We are responsive and compassionate with a tireless commitment to protecting the interests of each client we serve. We have extensive experience with family law, business law, civil litigation, appellate practice and other related areas. We put this experience to work to aggressively advocate for your interests. Our skilled negotiators work hard to settle your divorce amicably if possible. However, if your spouse is uncooperative, we are prepared to effectively argue your case at any level of the Illinois court system.
Common Issues with Divorce and Stay at Home Parents
In divorces where one spouse has stayed home to care for the children, common issues include:
- Child Support: If the non-custodial parent is the sole breadwinner, there is a strong likelihood that child support will be awarded.
- Maintenance and Alimony: It is not a given that a stay at home parent will receive permanent maintenance. Other factors must be considered such as the duration of the marriage, ability to return to work, age and health of both spouses, and divorce tax consequences.
- Division of Property: Illinois law calls for “fair and equitable” distribution of marital property. In general, marital property is considered any property or assets acquired during the marriage.
In calculating the value the homemaker brings to the family, it is more than just raising the kids and managing the household. Opportunity costs must also be considered; that is, what the spouse has given up in choosing to be a stay at home parent. For example, one spouse may have foregone higher education or even left a potentially lucrative career to stay home with the kids. In such a case, the years of being a homemaker are also years of experience and earnings they missed out on in their career.
During a divorce, a stay at home parent has the same right to marital property as the working spouse. At Momkus McCluskey LLC, we strongly advocate for clients on either side in this dynamic. Our skilled attorneys help ensure that all the relevant issues are addressed and you emerge from the divorce in the best possible financial position. For a consultation, contact us today at (630) 434-0400. We provide advice and counsel from our team of knowledgeable and compassionate divorce lawyers in DuPage County and serve clients in Lisle, Naperville, Wheaton, Downers Grove and surrounding communities.