Unique Issues for Stay at Home Parents in Divorce

 Posted on September 05, 2025 in Illinois Divorce

Raising a child should be a joint effort by both parents. What this looks like can vary from family to family. In some arrangements, both parents work day jobs while making arrangements for childcare. In other arrangements, one parent may take on a breadwinner role while the other keeps the house in order and tends to the child’s needs. 

If you are a stay-at-home parent going through a divorce, you may have some very real concerns about how the proceedings will play out. During the dissolution of your marriage, a St. Charles, IL family law attorney at Weiler & Associates, Inc. can help you protect your best interests. Our lawyers have handled thousands of divorce cases, including on behalf of stay-at-home parents, so you can trust us to skilfully advocate for your needs.

Custody Concerns for Stay-at-Home Parents

If your ex primarily served as the breadwinner in your marriage, you may worry that this will adversely affect your rights to parenting time or decision-making responsibility over your child. However, this is not the case. In custody disputes, you should know that the courts will consider many different factors, such as:

• The amount of time each parent spent taking care of the child from birth to two years old

• The child’s needs

• The willingness of each parent to put the child’s needs above his or her own

The court will consider these factors and much more before making a decision about custody. Altogether, these factors are called the child’s best interests (750 ILCS 5/602.7). 

How Equitable Distribution Laws Protect Stay-at-Home Parents

When a couple cannot agree on how to divide their marital property on their own, the court may have to get involved. No matter the case, the courts always refer to the same standard to divide up property. Illinois courts refer to equitable distribution to ensure a fair, but not necessarily equal division of assets during divorces.

Under state law, the contributions of a "homemaker" spouse can be recognized during property division for the sake of fairness. This is especially true if you helped to maintain or increase the value of your marital property. At Weiler & Associates, Inc., we can help you document and present evidence showing your contributions to the household.

Should I Request Alimony as a Stay-at-Home Parent?

If you have been out of the workforce for a significant amount of time due to your duties as a stay-at-home parent, it might be appropriate to request alimony. Your spouse could agree to pay you alimony as part of a settlement, or you could petition for a court order of support. 

If you petition for a court order, the judge will consider the standard of living you were used to during the marriage, your parental responsibilities, and your contributions to your spouse’s career, among other factors. Much like property division, discussions of alimony in court focus on what is most "just and equitable."

Contact a Kane County, IL Family Law Attorney

At Weiler & Associates, Inc., we are sympathetic to the unique challenges faced by stay-at-home parents. To schedule a consultation with one of our St. Charles, IL divorce lawyers, call our offices at 630-331-9110 today.