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How Does Being a Stay-at-Home Parent Affect Custody in Illinois?

2026-06-11 00:00:00

If you spent years raising your children while your spouse worked, you are probably wondering whether that history counts when it comes to custody after divorce. Illinois courts look closely at which parent handled the day-to-day care of the children, and that record carries real weight in 2026.

According to the Pew Research Center analysis of U.S. Census data, nearly one in five parents in the United States does not work for pay. That means, in part, that a large share of divorcing families have one spouse who stepped back from work to raise the children.

But caregiving history is not the only thing a judge considers, and the outcome still depends on other factors in your case as well. A St. Charles, IL child custody attorney can help you understand your position and protect your relationship with your children.

Does Investment Income Count in Illinois Spousal Maintenance Calculations?

2026-06-05 00:00:00

If your household income includes dividends, rental payments, or capital gains, a divorce in 2026 will raise questions about how that investment income affects how much spousal maintenance you pay or receive. The way these incomes factor in can shift the final maintenance number by a significant amount. For anyone going through a complex divorce, a St. Charles, IL spousal maintenance lawyer can help understand how courts treat passive income before negotiations start.

What Is Considered "Income" for Spousal Maintenance in Illinois?

Illinois law defines income broadly for maintenance purposes. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/504, courts must consider each spouse's income and property. Passive investment income counts.

How Are Bonuses Counted for Child Support in Illinois?

2026-05-31 00:00:00

If your income includes a year-end bonus, a quarterly commission, or performance pay, you may be wondering how that affects child support in your Illinois divorce. In 2026, that question comes up often in high-earning divorces, and the answer can significantly affect how much support is owed and for how long.

A St. Charles, IL child support attorney at Weiler & Associates, P.C. can help you understand where your bonus income fits into a child support calculation.

Does Illinois Count Bonuses as Income for Child Support?

Bonus income is not evenly distributed across the workforce. According to ADP Research, only 39.7 percent of workers received a bonus in 2024. But for higher earners, bonuses are far more common. Among employees earning between $150,000 and $250,000 a year, bonuses make up 10 percent of total pay. For those earning over $250,000, bonuses make up 25 percent. That kind of income can play a major role in a child support case.

When Does Illinois Divorce Mediation Not Work?

2026-05-24 00:00:00

Mediation is often the first option suggested when a divorce becomes disputed. It can save money and reduce time in court, but it is not appropriate for every situation. Several specific circumstances make it unlikely to produce a fair result, and recognizing them can protect your finances, your parenting time, and your safety.

If you are facing a divorce in 2026, a St. Charles, IL divorce attorney at Weiler & Associates, P.C. can help you decide whether mediation fits your case or whether another path will better protect you.

Can a Court Order Mediation on Financial Issues in an Illinois Divorce?

Many people assume a judge can order mediation on any disputed issue. In Illinois, that is not true. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/602.10, Illinois courts can order mediation to help parents create, change, or follow a parenting plan. These include allocation of parental responsibilities and parenting time.

How Are Stock Options and RSUs Divided in an Illinois Divorce?

2026-05-12 00:00:00

If part of your pay comes in the form of stock options or restricted stock units (RSUs), you already know how valuable they can be. Unsurprisingly, in a 2026 divorce, assets like these can become one of the hardest things to sort out. Who gets the shares? What happens to grants you have not received yet?

These questions come up often: according to the National Center for Employee Ownership, 92 percent of U.S. public companies in the NASPP/Deloitte 2024 Equity Incentives Design Survey offered equity below the senior executive level, so these benefits are no longer limited to top executives.

As equity compensation has become more common, Illinois divorce courts are dealing with these disputes more often. A St. Charles, IL divorce attorney at our firm can help you figure out where you stand and protect what you have earned.

How Does Divorce Affect a Professional Practice in Illinois?

2026-05-07 00:00:00

If you are a doctor, dentist, attorney, or accountant getting a divorce in 2026, your practice is likely one of your most valuable assets. Unlike a bank account or a piece of real estate, a professional practice is hard to value and even harder to divide. Questions about practice ownership, goodwill, and partnership agreements can make an already difficult divorce far more complicated. A St. Charles, IL divorce attorney can help you protect what you have built.

Is a Professional Practice Marital Property in an Illinois Divorce?

Whether a professional practice is marital property depends on when the practice was started and how it has been run. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503, property acquired during the marriage is generally marital property. Business interests are treated the same way.

How Does Child Support Work When a Parent Is Self-Employed in Illinois?

2026-04-30 00:00:00

When one parent runs their own business, calculating child support in an Illinois divorce is rarely straightforward. There is no pay stub to hand over, and business expenses can make it hard to tell what a parent actually earns versus what they spend. The stakes are high — the support amount set by the court will shape your child's daily life for years. If you are sorting through this in 2026, a St. Charles, IL child support attorney can help you get to the truth of the numbers.

How Do Illinois Courts Calculate Child Support for Self-Employed Parents?

Illinois uses an income shares model to calculate child support. Under 750 ILCS 5/505, the court looks at both parents' net incomes to set a fair support amount. For a salaried parent, net income is easy to calculate. For a self-employed parent, the court has to dig deeper.

What Tax Mistakes Can Cost You the Most in an Illinois Divorce?

2026-04-18 00:00:00

Taxes are probably not what you think about first when your marriage ends, but the tax choices made during your divorce in 2026 can follow you for years. Property transfers, retirement accounts, and support payments all carry tax consequences. Getting them wrong can cost you far more than you expect. A St. Charles, IL divorce attorney who knows the financial side of divorce can protect you from these mistakes. At Weiler & Associates, P.C., we routinely handle tax considerations in divorce and will fight for the best possible outcome for you.

How Does Selling the Marital Home Affect Your Taxes in an Illinois Divorce?

The marital home is often the biggest asset divided in a divorce. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503, property gained during the marriage is usually considered marital property. However, the law also lists some exceptions, such as certain gifts, inheritances, and property excluded by agreement.

What Happens When Both Spouses Want to Keep the House in an Illinois Divorce?

2026-04-10 00:00:00

The family home is often the hardest asset to deal with in a divorce. It is where your children grew up and where you built your life. For many people, it is also their biggest financial asset. When both spouses want to keep it, or when neither can agree on what to do with it, things can get complicated quickly. A St. Charles property division attorney can walk you through your options and help protect your finances.

How Does Illinois Law Handle the Marital Home in a Divorce?

Illinois uses an equitable distribution standard to divide marital property. This means courts divide assets fairly, but not always equally. Under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/503, the marital home is considered marital property if it was purchased during the marriage, even if only one spouse's name is on the deed. A judge will look at several factors before deciding what happens to it, including each spouse's finances, their contributions to the marriage, and whether children are involved.

Does My Spouse Have a Claim to My Cryptocurrency in an Illinois Divorce?

2026-04-05 00:00:00

If you own Bitcoin, Ethereum, or other digital assets, a divorce can raise some tough questions. You may be wondering whether your spouse has a right to your cryptocurrency, how it gets valued, or whether it can even be found if someone tries to hide it. In 2026, cryptocurrency is a common part of many people’s finances – according to the Pew Research Center, about 16 percent of U.S. adults have used or invested in cryptocurrency – and Illinois courts are now regularly dealing with digital assets in divorce cases.

A St. Charles divorce attorney can help you understand how crypto fits into your case and what steps to take to protect yourself.