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Unemployed Wives: What Are Their Rights in Divorce?
16 Jul, 2024

Unemployed Wives: What Are Their Rights in Divorce?

Navigating the legal complexities of a divorce can be daunting for anyone, but it becomes particularly challenging when one spouse is unemployed. Financial concerns and the potential impact on their standard of living often add to the emotional burden of the divorce process. However, it’s crucial to understand that there are protective measures within the legal framework designed to safeguard the rights of unemployed spouses. SLG Family Law guides you through your divorce and ensures your best interests are upheld in the final decision. Call for a consultation where we can evaluate your case’s specific factors. 

The Role of Unemployment in Divorce Cases

The status of being an unemployed wife significantly influences the divorce process. The law acknowledges that one spouse may have forgone career advancement to concentrate on familial responsibilities, which can leave them financially disadvantaged during a divorce. However, various legal provisions aim to ensure equitable treatment and protection for unemployed spouses.

The Right to Spousal Support

A fundamental protection for unemployed wives in a divorce is the entitlement to spousal support, commonly referred to as alimony. This financial provision is intended to assist the lower-income or non-earning spouse in maintaining a lifestyle akin to the standard established during the marriage. The court determines alimony based on a range of factors. These include the duration of the marriage, the earning capacity of each spouse, the needs of each party, and the specific circumstances surrounding the wife’s unemployment.

Child Support Considerations

In cases involving children, accurately calculating child support becomes a pivotal part of the divorce proceedings. The court takes into account various factors when determining child support, including the income of both parents, the number of children, the cost of their health insurance, and the custody arrangement. The primary objective is to ensure the children’s welfare is prioritized and that they continue to receive the same level of care and support as before the dissolution of the marriage.

Division of Marital Property

The division of marital property in a divorce involves the distribution of assets such as homes, vehicles, joint bank accounts, and other shared assets acquired during the marriage. In Illinois, the law adheres to the principle of “equitable distribution.” This means that assets and debts accumulated during the marriage are divided in a manner that is fair, though not necessarily equal. Legal safeguards exist to ensure that unemployed spouses are not disadvantaged during this division process.

Safeguarding Your Rights

Comprehending your rights and the legal provisions available to you is the initial step in protecting your interests during a divorce. It is critical to obtain accurate information and sound legal advice tailored to your specific circumstances, which underscores the importance of legal counsel.

At SLG Family Law, we have a dedicated focus on divorce cases and understand the unique challenges faced by unemployed spouses. Our experienced team can guide you through the intricacies of spousal support, child support, and property division, ensuring your rights are protected throughout the divorce process.

Schedule a Consultation

The complexities of divorce should not be navigated alone. If you are an unemployed wife undergoing a divorce and require legal assistance, we encourage you to reach out to us. Allow our seasoned attorneys at SLG Family Law to guide you through this challenging period. Contact us today for a complimentary consultation.



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