RJSR
Navigating property division can be complex, especially when one spouse has taken the responsibility to earn money for the family while the other has dedicated their time to homemaking.
Nonetheless, understanding equitable distribution is vital in ensuring a fair division of assets.
When deciding how to divide marital properties in a divorce, Illinois courts consider spouses’ contributions as a homemaker. This includes regularly performing domestic tasks such as cleaning, cooking, looking after the children and the like.
During the court’s determination, the judge considers the homemaking contributions of one spouse as equally important in building the marriage as the monetary contributions of the other spouse in gainful employment.
More than the quality of the performance of homemaking duties, courts are generally more concerned about whether spouses have actually performed them. Additionally, whether the spouses perform domestic duties full-time can also be a factor courts may consider. Hence, if the couple hired housekeepers and cleaners, technically, there are no actual homemaking contributions.
While homemaking contributions can have a significant impact on the court’s property division decisions, there are several other factors that are in play. In Illinois, courts factor in each spouse’s age and health, the duration of marriage and existing obligations to previous marriages, if any.
By understanding the factors courts consider when determining property division in a divorce, you can protect your property rights while setting your expectations as to what you are most likely to receive after the proceedings. This is achievable through adequate research and competent legal guidance.
