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Stay-at-home parents: work with experienced advocate in divorce process

In our last post, we looked briefly at a recent Harvard study which suggests that many couples in the United States still operate under traditional expectations about the role of men and women in marriage, despite the widespread assumption that these role expectations have been critically evaluated in recent decades.

One of the interesting points we noted about study is that general findings of the study—that couples in which the partners do not meet the traditional breadwinner-homemaker roles are more likely to divorce—does not hold for men who stay home by choice while the wife acts as breadwinner. This makes sense, of course, since couples who have this arrangement are more intentional about this decision and do not see it as failure to live up to the expectations of the marriage. 

One of the important issues for any couple in which one partner voluntarily remains at home to act as caregiver and homemaker, is the extent to which that partner may be disadvantaged in property division if the couple ends up filing for divorce. Illinois courts aim to divide marital property in a way that is equitable, and consider a variety of factors in determining what outcome would be equitable. Any factor that is relevant to the fairness of the outcome may be considered, and this may include the contributions made by a parent who forgoes a outside the home so that he or she can care for the children, manage the household and allow the other parent to take the role of breadwinner.  

Parents who decided to stay at home to care for children should certainly work with an experienced advocate in the divorce process. Doing so ensures that their interests will be well-represented in court. 

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Stay-at-home parents: work with experienced advocate in divorce process | Peter A D'Angelo, Attorney at Law, PLC