Schaumburg Divorce Attorneys Protect The Stay-at-Home Parents

Barrington Lawyers for Permanent Alimony

Divorce is often an emotionally difficult process, especially for spouses who have invested a great deal of their lives in their homes and families. Typically, these men and women have put educational and/or professional goals on the shelf, and it may not be easy to pull them down again. Fortunately, the law provides both short and long-term protections in these matters.

At Glasgow & Olsson, our commitment to you is our best attitude and our best effort every time we work on your case. Our professionals quickly evaluate your situation and apply the correct law, then they take immediate and sustained action to protect your interests.

Temporary Support

A divorce often entails a rash of unexpected expenses–such as utility deposits, moving expenses, daycare costs, and attorneys fees–on top of regular expenses. The coming months may bring school tuition or professional development expenses. Many stay-at-home parents may simply lack the means to pay these costs. An Illinois judge can enter temporary support that is essentially based on the obligee’s need and the obligor’s ability to pay. If you plan to stay in the house, the judge can enter orders preventing the other spouse from disrupting utility services or taking similar actions.

These same orders, which remain in effect until the divorce is final or they are modified, protect your kids while they are at school, home, or daycare. The judge also typically orders both parties to spend no money, other than to pay for basic living expenses, so both marital and non-marital property is effectively preserved.

Permanent Solutions

In the property division, the judge may use a spouse’s non-economic contributions to the marriage as a basis for an “equitable” division of the marital estate. In other words, if you made the decision to put your family first and put off personal goals, you should not be punished for that stance.

Despite the 2015 amendments, Illinois still has a rather generous spousal maintenance statute. For example, the judge can still award permanent spousal support if the parties were married at least 20 years. Moreover, the amount is calculated based on gross income before taxes, and not net income.

Section 504 does have a formula to use as a baseline, but the judge is free to adjust either the amount or duration in a number of circumstances, including marriages involving a stay-at-home spouse. To determine presumptive figures, the court takes 30 percent of the payor’s income, subtracts 20 percent of the payee’s income, and applies a multiple based on the duration of the marriage.

To claim your legal and financial protections as a stay-at-home spouse, contact our attorneys today at 847.577.8700 for your consultation.