How Does a Divorce Work When a Couple Has an Uneven Income?

 Posted on October 07, 2025 in Finances and Divorce

Many marriages involve the union of people from two entirely different backgrounds. At the end of a marriage, two spouses with uneven incomes often have questions about how the divorce process will be handled. A Kane County, IL family law attorney can address these concerns and negotiate for a favorable result.

At Weiler & Associates, Inc., we can provide you with strong legal advice and representation, whether you earn more or less than your spouse. As a Certified Financial Litigator, Attorney Tim Weiler can provide critical insights into all financial aspects of your divorce.

Property Division for Couples With Income Disparities

Property division can be handled through litigation or through negotiation outside of court. The latter option usually helps couples save money, since it entails fewer legal fees. That being said, you and your spouse may have drastically different ideas about how to divide up your shared property. This includes investments, the marital home, and bank accounts.

If negotiations fall through and mediation proves ineffective, you and your spouse may have to turn to litigation. The judge will divide up your property according to what is fair to both parties, which does not always entail a 50/50 share of assets. If you earn much less than your spouse, then the judge can consider your economic circumstances and the "reasonable opportunity for future acquisition of capital assets" after your divorce (750 ILCS 5/503). 

Can I Request Alimony if I Make Less Than My Spouse?

During your divorce, you can request spousal support – also known as alimony – to offset the financial hardship associated with exiting your marriage. While you and your spouse are free to come up with your own alimony agreement in the divorce decree, you can also petition a judge for court-ordered alimony.

Spousal support is not automatically awarded in Illinois divorces, even if you make significantly less than your spouse. Instead, the court will investigate your circumstances to see if alimony is appropriate, considering your needs, the standard of living established during the marriage, and other factors. The judge will also consider how much you received in marital property before making a final decision. This means you could be denied alimony if the court thinks that you have already received enough assets from the marital estate.

Will a Judge Honor My Prenup?

Many couples with uneven incomes sign prenuptial agreements, or prenups, to avoid complicated, contested divorces. This can provide peace of mind to both spouses by greatly simplifying the divorce process. 

If it has been a long time since you entered into your prenup, you may wonder if it is still enforceable despite changed circumstances. A judge will usually honor a voluntarily signed prenup unless one party successfully argues that he or she was not given a fair disclosure of assets before signing the agreement. 

The judge could also strike down a prenup if it adversely affects spousal support in a way that causes undue hardship to one party. This only applies in situations where the original agreement could not have accounted for new, unforeseen circumstances.

Meet With a Kane County, IL Divorce Lawyer

At Weiler & Associates, Inc., we can address your concerns about divorcing your spouse with an income disparity. To set up your initial consultation with our St. Charles, IL family law attorneys, call our offices at 630-331-9110 today.