A question I get asked a lot by newly separated women is: “How much is a wife entitled to in a divorce? This is a valid question and I can understand the urgency of wanting to know, given the fear and anxiety of the uncertainty of your future. Not to mention, the answer to this question might change your mind about going through with the divorce.
So, how much is a wife entitled to in a divorce? I can answer this question by saying that there are many factors that lead to the answer.
Here are 9 factors to consider in how much a wife is entitled to in a divorce:
1. The state where you live.
Every state has its own unique divorce laws. Many laws are similar in all states, but what you are entitled to could be affected by where you live.
2. Does the wife work and how much is her income?
When a couple is litigating a divorce, or even if they are in mediation, or collaborative divorce process, you want to consider that one of the things a judge will look at (or the mediator) is, does the wife work full time? Is she able to support herself? The wife’s income can and will impact not only any potential maintenance, but in many states, like Illinois, it is also one of the factors that is considered when setting child support. Even if a wife is working part-time or has a side business, and maybe taking care of the kids, as well, this is taken into consideration, and she will impact child support and/or maintenance.
3. If the wife does not work, what is her earning ability?
One thing we see that is fairly common is, the wife had a high-paying job but quit the job when the couple had their first child. So, one thing a judge or mediator looks at is, is she going to be able to make the same income, and how long will it take her to obtain a job and get back to that level? Also, maybe the kids are still young and the best decision is for the wife to continue staying home with them for awhile, thereby awarding her a high amount of maintenance. In the collaborative divorce process or mediation, the couple can talk about and agree on many different ways of dealing with the wife’s earning ability for purposes of maintenance calculation or child support.
4. The ages of the children.
Things can look a lot different if the kids are close to graduating high school versus if the kids are still babies or toddlers.
5. What will the parenting plan look like?
In Illinois, the current child support law looks at both parents’ incomes, including any maintenance paid/ received, and the number of overnights each parent is spending with the children. That is a significant change from how child support was calculated prior to July 2017 where we only looked at the income of the person paying child support. So, if you are getting divorced now and your situation will be different from someone who was divorced prior to 2017. Also, know that although judges follow the statutes and that includes child support guidelines, but many couples divorcing through collaborative divorce or mediation choose to create their own support arrangements based on what their priorities for their families.
6. How is each divorcing parent’s health?
Questions that come up when determining what a wife is entitled to are: Is the wife able to work? Maybe her physical or emotional health is preventing her from employment. Same goes for the other spouse.
7. How are the assets being divided in the divorce?
In Illinois, assets are divided on an equitable basis, so most people think that means 50/50. But that’s not always the case. Sometimes one person gets more assets for various reasons, which could include lesser earning ability post-divorce, poorer health, taking less maintenance or another compromise in the divorce. This decision also depends on several other factors, including age, ages of the kids, earning potential, and many more.
8. How long was the couple married?
Being married for 2 years versus 20 years makes a big difference in what you are entitled to in a divorce. Also taken into account-did you contribute any non-marital assets into the marriage? Income and income potential are also taken into account.
9. What is the reason for the divorce? Was there an affair?
Illinois is a no-fault state, which means that regardless of why you are getting divorced, it has no bearing on any decisions made as to how your assets should be divided or how much maintenance you should receive. Many people think this is unfair, and it can feel frustrating and disappointing. That said, here is something that will feel like justice is being served: If your spouse has been having an affair, and he/she used marital money to for non-marital purposes, for example to pay for restaurants, hotels, airfare, gifts, etc., the spouse might be required to pay those funds back into the marital assets.
Why you should never compare your divorce to other people’s divorces
In closing, I want to address something. It’s easy to try to compare your divorce to friends you know who are going through a divorce. For example, maybe you found out that your girlfriend is getting twice as much as you in maintenance, AND she got to keep the house! This might cause you to think you have a bad attorney, an unfair judge, or that your mediator was on his side.
Try to remember that every divorce case is unique, and has many factors; many of which you could have no way of knowing in your friend’s case! My advice is, focus on the things you can control during your divorce, which are:
- The kind of parent you are.
- Getting the emotional support you need.
- Moving through grief and pain.
- Surrounding yourself with divorce professionals who are going to get you a divorce outcome that you will feel good about.
- Focus on gratitude of basic important things in life: health, safety, your children, shelter, food, and the wonderful future you are going to have when the divorce is behind you.
Anna P. Krolikowska, an attorney in the Northbrook law firm of Anna P. Krolikowska P.C, focuses her practice in the area of family law. Anna realizes that importance and the impact family law matters have not only on her clients, but also on their families. From divorce and child custody to any judgment modifications, Anna considers the unique circumstances of each case to develop a course of action designed specifically to address each client’s unique needs.
As a litigator, trained mediator, and a collaborative professional, Anna is able to offer to her clients diverse, and creative approaches to resolving marital disputes.
Anna realizes that family law matters are very difficult for all individuals involved. She strives to treat each client with respect at all times and to provide each client with attention and time they require. She works diligently to maintain open lines of communication, and provide creative options to resolving her clients’ concerns.
In addition to her practice, Anna is the immediate Past President of the Illinois State Bar Association which oversees the operations and management of ISBA, a state-wide voluntary association of more than 30,000 attorneys who strive to educate and serve the public, and improve the practice of law. She is a 2019 Honoree of the “40 Under Forty” award. The award honors 40 attorneys each year. In June 2021 she became the President of the ISBA, making her the 5th female president since its founding in 1877.
To learn more about Anna and her services, visit her website, or call: (847) 715-9328
