As Naperville divorce attorneys, we’ve seen how deeply personal circumstances can affect a marriage. One of the most difficult realities we face with our clients is the impact of chronic illness, especially when it is the wife who becomes seriously ill. Even though many couples vow to stand by one another “in sickness and in health,” research continues to show that illness tends to hurt marriages more when the woman is the one facing medical challenges. While every marriage is different, we need to understand how these gendered patterns can lead to legal and emotional consequences, particularly under Illinois divorce law.
Recent long-term studies, including one published in early 2025, show that marriages are about seven times more likely to end when the wife becomes seriously ill than when the husband does. While the reasons behind this trend are complex, they reflect a pattern that often plays out in real-life divorce proceedings here in Illinois. Illness can change relationship dynamics, cause financial strain, and place an unexpected emotional burden on spouses, sometimes leading to separation or divorce.
As Illinois divorce lawyers, we see this often among couples in their 50s and 60s, where the wife may develop a long-term condition that limits her ability to work or care for the household. When the traditional caregiving role reverses, some marriages begin to unravel.
Under Illinois law, the court does not need to assign fault to either spouse for a divorce to proceed. Illinois is a no-fault divorce state, which means a marriage may be dissolved simply based on “irreconcilable differences” per 750 ILCS 5/401(a). However, chronic illness can indirectly affect how the court addresses several issues, especially spousal maintenance (alimony) and property division.
If a spouse is unable to work due to illness, the court may award maintenance under 750 ILCS 5/504, taking into account the spouse’s current and future earning capacity, age, physical and emotional condition, and the length of the marriage. When the wife is the ill spouse, and she has depended on her husband financially or has had to leave the workforce, she may be entitled to long-term or even permanent maintenance, depending on the circumstances.
Illness can also impact property division under 750 ILCS 5/503, which calls for an equitable (not necessarily equal) distribution of marital assets. A spouse facing long-term medical costs, disability, or an inability to generate income may receive a larger share of marital property.
When a wife becomes seriously ill, it often disrupts household finances. In many households, women are the primary caregivers, homemakers, or part-time earners, and their illness may require expensive medical care or outside help. The cost of managing chronic illness, combined with the loss of income or care previously provided by the wife, can lead to a deep imbalance in the relationship.
Emotionally, the spouse who is not ill may not be equipped to handle caregiving responsibilities. We’ve seen cases where husbands struggle to adapt to this new role, leading to emotional distance, resentment, and, ultimately, the breakdown of the relationship. Illinois divorce courts do not punish a spouse for leaving due to illness, but they do consider the long-term needs of the spouse who is unwell when issuing orders.
If you or your spouse is suffering from a chronic illness and divorce is on the horizon, it’s important to work with an attorney who understands how health issues affect every aspect of the case. We will help you:
We also work closely with financial advisors, medical experts, and other professionals when needed to create a clear picture of what life will look like after divorce, especially when one party has serious health concerns.
Too often, women feel ashamed or guilty for being sick and needing support. Some even stay in unhealthy marriages out of fear that they won’t be able to afford their care on their own. At Keller Legal Services, we want to make sure that every client—healthy or ill—understands their rights and that illness is never used to justify unfair treatment during a divorce.
Yes. Under 750 ILCS 5/504, chronic illness can significantly affect your eligibility for spousal maintenance. Courts consider your ability to earn income, your physical and emotional condition, and whether your illness prevents you from becoming self-sufficient. If you’re unable to work due to a diagnosed condition, the court may award long-term or even permanent maintenance, depending on the facts of your case.
Absolutely. Illinois courts divide marital property equitably under 750 ILCS 5/503, but not necessarily equally. If you have a chronic illness that affects your ability to work or increases your financial need, the court may give you a larger share of the marital estate to cover ongoing expenses.
While Illinois is a no-fault divorce state, meaning a spouse doesn’t need a specific reason to file for divorce, your illness can still influence how the court approaches issues like support and asset division. You can’t stop your spouse from filing, but you can protect your financial and legal interests with the help of an attorney.
You may. If you were covered under your spouse’s employer-sponsored plan, that coverage usually ends after divorce. However, you may be eligible for COBRA continuation coverage for up to 36 months, though you must pay the full premium. In some divorce settlements, we negotiate support payments that include the cost of continued health insurance.
Yes. If you are capable of making decisions or have a legal representative who can act on your behalf, you can file for divorce even while managing a serious illness. We ensure our clients receive the accommodations they need throughout the legal process, whether that’s additional time, remote court appearances, or help with documentation.
At Keller Legal Services, we understand how sensitive divorce can be—especially when illness is involved. Our attorneys have helped many clients throughout Naperville and Chicago protect their future, receive the necessary support, and build a life after divorce that meets their ongoing health needs.
If you’re considering divorce and dealing with chronic illness—either personally or within your marriage—we invite you to speak with us. Let us explain your rights, prepare a sound legal strategy, and give you peace of mind.
If your marriage is breaking down due to chronic illness or you’re worried about what a divorce could mean for your health and finances, don’t wait to get answers. Contact our Naperville divorce lawyers at Keller Legal Services by calling 630-505-1515 to receive your free consultation. We proudly represent clients in Naperville and throughout the Chicago area.
