What Happens If You Give Up a Career and Then Get a Divorce?
When couples enter a marriage, it is not unusual for one spouse to give up a career or reduce his or her work hours to focus on supporting the household. This often entails staying home to raise children, managing daily responsibilities, or assisting the other spouse’s career growth. While these choices can strengthen a marriage, they may create financial hardships if the relationship ends in divorce.
If you gave up your career during your marriage and are now going through a divorce, you might be concerned about how that decision affects your financial rights. Fortunately, Illinois law recognizes the economic contributions of stay-at-home spouses and can provide relief through spousal maintenance and equitable property division. A St. Charles family law attorney can help ensure that your sacrifices are considered when determining a fair outcome.
What Happens If You Gave Up a Career During Marriage?
Illinois treats marriage as a partnership, and both spouses are considered contributors to the marital estate, whether they earn income or manage responsibilities at home. Under the Illinois Marriage and Dissolution of Marriage Act, the court is required to evaluate both financial and non-financial contributions during divorce proceedings. This means that even if you did not bring in a paycheck, your role in raising children or maintaining the household still holds legal weight.
If you gave up your job or career potential to support your spouse or children, the court may consider this when determining spousal maintenance, dividing assets, or assessing future needs. These decisions are not solely based on income, but on the overall contributions to the marriage and the impact divorce will have on each spouse's financial stability.
Will You Qualify for Spousal Maintenance?
Spousal maintenance is often awarded to a spouse who cannot financially support themselves after a divorce. Illinois courts may find that maintenance is appropriate in instances where one spouse gave up his or her career or earning potential during the marriage.
In addition to this, the court examines several factors to determine whether maintenance is appropriate and how much support should be awarded. These include the length of the marriage, each spouse’s current income and property, and the ability of the requesting spouse to support themselves through employment or training.
If your spouse pursued advanced degrees or climbed the corporate ladder while you managed the home or cared for children, that history is relevant. The court aims to avoid leaving one spouse financially disadvantaged because of sacrifices made during the marriage.
How Is the Duration of Spousal Maintenance Calculated?
Illinois uses a statutory formula based on the length of the marriage to determine the duration of maintenance. For instance, if a couple was married for five years or less, maintenance may last for about 20 percent of that time. As the length of the marriage increases, so does the possible maintenance term. In marriages lasting 20 years or more, the court has discretion to award maintenance for a period of time equal to the length of the marriage or even indefinitely.
While the law provides general guidelines, judges can deviate from them if the specific circumstances justify it. If you have been out of the workforce for many years and face limited job prospects, the court may consider it necessary for you to have a longer-term maintenance award to help you transition to financial independence.
How Does Giving Up a Career Affect Property Division?
When dividing marital property, Illinois follows the principle of equitable distribution. This means the court focuses on dividing assets in a way that is fair to both spouses, even if the split is not exactly equal. If you sacrificed your career for the benefit of your spouse or household, the court may award you a larger portion of marital assets to compensate for the financial impact.
The court takes several factors into account when dividing assets, including:
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The contributions of each spouse to the acquisition, preservation, or increase in value of the marital property, including homemaking and child-rearing contributions
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The economic circumstances of each spouse at the time of division
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Whether either spouse wasted or misused marital assets before the divorce
By examining these elements, the court attempts to make sure that both spouses receive a fair share of what was built during the marriage, even if one spouse was not earning an income.
Can You Rebuild a Career After Divorce?
Returning to the workforce after years away can be a lengthy and challenging process. You may need to update your skills, gain new certifications, or return to school. Some employers may view an extended absence from the labor market as a disadvantage, and your starting salary may be significantly lower than what it would have been if you had continued working.
Courts understand these challenges and often account for the time and effort needed for retraining or professional development when awarding spousal maintenance. If your age, health, or caregiving responsibilities limit your ability to work full-time, that can also factor into maintenance decisions and asset division. In some cases, courts will require vocational evaluations to better understand your potential to reenter the workforce.
Should You Hire a Vocational or Financial Expert?
In complex divorce cases, outside experts can provide valuable insight that can support your claims. This is especially true when a career sacrifice has affected your earning potential or when there are disputes over the value of marital assets.
Two types of experts are commonly used:
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Vocational experts, who assess your skills, education, and experience to determine your potential income if you return to work
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Financial analysts or forensic accountants, who examine household finances, identify hidden assets, and offer insight into the long-term economic impact of divorce
Your attorney can help you determine whether bringing in one of these professionals would strengthen your case and lead to a more favorable outcome.
Contact a Kane County, IL Divorce Lawyer
If you gave up your career during marriage and are now facing divorce, you may be entitled to spousal maintenance and a fair share of the marital estate. A dedicated St. Charles, IL family law attorney at Goostree Law Group can help you navigate these issues and advocate for your financial future. Call 630-584-4800 today to schedule a free consultation and learn how we can assist you with our legal services.