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Kane County divorce attorneysA marriage is a partnership that requires a give-and-take mentality. Going into a marriage, a couple may decide to designate one person as the “breadwinner” and the other as a ”stay-at-home” spouse. Children, financial status, skill sets, and personal preferences can all factor into the decisions that are made. If a divorce were to take place, a stay-at-home partner may feel that he or she is at a disadvantage, having already given up a significant amount of time in the workforce to focus on life at home. If you are a homemaker that is going through a dissolution of marriage, speaking to a knowledgeable attorney could better prepare you for life after divorce.   

Securing Financial Stability

Transitioning to a life away from your spouse can result in increased amounts of stress. Not being able to pay bills, find a place to live, or being able to purchase everyday necessities can all be results for a spouse that is coming out of a divorce. Prior agreements or mediation can resolve topics such as alimony, also known as spousal maintenance, property division, and child support. If an agreement cannot be made by the divorcing couple however, the presiding judge will make a final ruling. 

When determining whether or not to grant alimony, the court may consider the following factors:

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St. Charles Gray Divorce Lawyer

In the past two decades, divorce after age 50 has become far more common, leading to the popular term “gray divorce.” What seems to be causing this, and what should you do if you find yourself considering divorce after age 50?

What Has Contributed to the Increase in Gray Divorce?

Experts hypothesize that longevity and technology trends have converged to make divorce more appealing to those over age 50. In 1970, the average American lifespan was 70 years. If spouses reached age 55 or 60 and felt they had grown apart, most would just stick it out rather than be alone. Today, the average lifespan is about 79 years, almost a decade more. Members of the Baby Boom generation who are now in their 50’s and 60’s also expect to remain healthy and active longer. When they have finished raising their children or their careers have peaked, they could be living for 30 more years. If life with their current spouse is no longer appealing, they feel they have an opportunity to do something different in their remaining decades. They have higher expectations for their remaining years in part because of what they see on the internet. Divorce seems a more viable option than it did in the past, in part because of the reduced stigma of divorce and the ease of meeting a new partner through online dating.

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St Charles Divorce Attorney

When a two-income couple divorces, each person may have no problem becoming self-sufficient immediately. However, if that is not the case, the higher-earning spouse may need to make maintenance payments, formerly known as alimony, to the other. Spouses are free to negotiate their own agreement regarding maintenance payments. If they cannot agree, the court must first decide whether a maintenance award is appropriate. If so, then the judge will determine the amount and duration of maintenance using statutory guidelines (750 ILCS 5/504).

Reasons One Spouse May Need Post-Divorce Financial Support

Marriage often changes how people think about their careers. In some families, one spouse takes on the role of being the primary manager of home and family needs, perhaps even homeschooling the children. That frees the other spouse to focus on building their career and generating income to support the family. In other families, one spouse works longer hours to support the other’s dreams of higher education, developing their own business, or working in a fulfilling but low-paying occupation. The longer a person remains unemployed, the harder it can be for them to re-enter the workforce. If you fall into any of these categories, you may need to negotiate for maintenance payments as part of your divorce settlement.

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