In recent years, a lot of emphasis has been placed on fathers’ rights during and after a divorce. This is partly due to a trend in which many dads have taken more active roles in parenting compared to fathers in previous generations. In divorces that took place in the past, mothers were typically awarded what was called “sole custody” of the children, as well as alimony, child support, the marital home, and other assets. However, things often turn out differently in today’s divorces, since many mothers and fathers share in earning household income and raising children.

In modern divorce cases, mothers’ rights regarding child custody should not be automatically assumed like they often were in the past. During divorce, both parents should be sure to understand their rights and the ways they can reach a favorable outcome.

Protecting the Best Interests of the Child

In Illinois, the court is instructed to consider what is in the best interests of the child when it comes to the “allocation of parental responsibilities” (formerly known as child custody) and “parenting time” (formerly known as visitation). According to Illinois law, if married parents reside in the state, then a family court will decide on these matters as a part of their divorce proceedings. For an unmarried couple, paternity must be established before a court can address matters of parental responsibility and parenting time.

Alimony, also called spousal support or maintenance, is a payment from the higher-earning spouse to the lower-earning spouse during divorce or after the divorce has been finalized. There are various forms of spousal support, and these may be awarded based on the needs of the lower-earning spouse and the means of the higher-earning spouse to pay. A few examples of types of spousal support include reimbursement alimony, lump-sum alimony, rehabilitative alimony for vocational training or education, temporary alimony paid during the divorce, and permanent alimony.

In most cases, alimony is not permanent; instead, it is set for a specified length of time and, after that time period ends, the payments will cease. As a potential paying spouse or receiving spouse, you likely have questions about how the court makes a decision about alimony, or how both parties may reach a mutual decision about alimony outside of the courtroom. A skilled DuPage County spousal support attorney can provide all the details you need to know and assist you in reaching an outcome that provides for your financial needs.

How The Court Awards Alimony

According to Illinois statute 750 ILCS 5/504, the following factors are used to determine whether maintenance is appropriate:

Divorce laws can seem daunting for individuals who face the end of their marriage. As of January 1, 2019, Illinois regulations became slightly more complicated as new laws swept across the state and country. One significant alteration to the Illinois Marriage and Dissolution of Marriage Act drastically impacts tax claims on spousal maintenance payments.

Spousal Maintenance and Taxes

Until now, alimony has been tax deductible to the payer and taxable income for the recipient. However, for divorces filed after the beginning of the year, spousal maintenance no longer qualifies as a tax deduction to the paying spouse. Simultaneously, the recipient can no longer claim the payment as a part of gross income. Because of the tax implications, this caused a rush on divorces toward the end of 2018, as experts say couples now have less to split between them because of the law change.

The Grandfather Clause

Did your divorce finalize on or before December 31, 2018? If so, you still qualify for the previous tax regulations. If you did not sign your agreement until after that date, or you modified your contract, the new rules become applicable. Anyone considering adjustments to their divorce agreement from now on should be extremely cautious, and as always, seek the assistance of an experienced attorney.

While times have changed and there is no longer a cultural expectation for a parent—usually a mother—to sacrifice their career and stay home to raise a couple’s children, many couples choose such an arrangement. A stay-at-home parent plays a very important, and often underestimated, role in not only the lives of the children but in the running of the household as well. A divorce, however, can have a significant impact on a stay-at-home parent, as the parent may face serious financial concerns. If you are a stay-at-home parent facing the possibility of a divorce, there are some options that could help minimize the impact of the split.

Maintenance Laws in Illinois

The primary method of helping stay-at-home parents after divorce is called “maintenance” in Illinois law. Also known as alimony or spousal support, maintenance refers to payments made by one spouse to the other following a divorce. Under Illinois law, maintenance is not automatic and it is only awarded when the parties agree to it or the court determines that a need for it exists. You being a stay-at-home parent might be a major consideration, but there are other factors that the court must take into account as well, including:

In generations past—or so television and movies tend to depict—the average American family relied on a single income provided, in most cases, by a breadwinning father. The mother was primarily responsible for staying home, maintaining the house, and raising the children. Such is no longer the case for the “average” family, as more and more households need two working parents to maintain an acceptable standard of living. Some families, however, have the means and desire to allow one parent to stay home, and many decide to just that. For these families, a divorce can have a dramatic impact on the parent who stayed at home, often leaving him or her struggling to become self-sufficient.

Asking for Maintenance

Maintenance, also known as alimony or spousal support, is one the tools that a court has at its disposal to help a stay-at-home parent during and after a divorce. According to Illinois law, the court may award spousal support if it finds that such an award is appropriate and necessary to alleviate the financial effects of the divorce on an economically-disadvantaged spouse. When deciding on the appropriateness of maintenance, the court will take many factors into account. A spouse’s role as a stay-at-home parent is part of the equation, but it is not enough, on its own, to make support necessary.