Divorce is already a difficult process, but it becomes even more challenging when one spouse has a significant financial advantage over the other. Whether due to higher earnings, control of marital assets, or access to better legal resources, an imbalance in financial power can put one spouse at a serious disadvantage during property division, spousal support negotiations, and child custody proceedings.
Illinois law aims to ensure a fair and equitable divorce process, but financial disparities can complicate the outcome. If you are facing a divorce where your spouse has more financial resources, it is important to understand your rights and legal protections under Illinois law.
Under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/503), marital property must be divided equitably between both spouses. However, equitable does not always mean equal. Courts consider factors such as:
If one spouse controls the majority of assets, they may attempt to use that control to limit access to financial resources, making it harder for the other spouse to secure fair property division or spousal maintenance.
Illinois divorce laws require both spouses to fully disclose their income, assets, and debts during the divorce process. Courts rely on detailed financial statements to determine a fair settlement. If you suspect hidden assets, you can request:
If your spouse refuses to disclose assets, legal tools such as subpoenas or forensic accountants may be necessary.
If your spouse controls most of the household finances, you may struggle to cover living expenses during divorce proceedings. Under 750 ILCS 5/501, Illinois courts can award temporary spousal support to ensure that both parties have the resources to pay for legal representation and cover basic needs.
Temporary support can help level the playing field, preventing financial pressure from forcing an unfair settlement.
If your spouse has greater financial control, you may need to take steps to protect your credit and establish independent financial stability by:
Establishing financial independence early can prevent manipulation or financial coercion during settlement negotiations.
Illinois follows an equitable distribution model, meaning that assets are not necessarily split 50/50. Courts consider:
If one spouse has greater financial resources, the court may award a larger share of marital assets to the lower-earning spouse to promote fairness.
Illinois law provides for spousal maintenance when there is a significant income disparity. Under 750 ILCS 5/504, courts evaluate:
If your spouse has significantly greater earnings, maintenance can help ensure financial stability post-divorce.
If you suspect your spouse is concealing income or property, legal options include subpoenas, depositions, and forensic accountants to uncover hidden assets. Illinois courts require full financial disclosure, and failing to disclose assets can result in penalties.
Yes. Under 750 ILCS 5/508, Illinois courts can order one spouse to contribute to the legal fees of the other, especially if there is a significant financial imbalance. This ensures both parties have equal legal representation.
Debts acquired during the marriage are considered marital debt and must be divided equitably under 750 ILCS 5/503. Courts consider who benefited from the debt and each spouse’s ability to pay.
Your spouse cannot legally withhold necessary financial resources. If you are financially dependent, you can request temporary spousal support under 750 ILCS 5/501 to cover living expenses and legal fees.
If one spouse sacrificed career opportunities to support the other, courts may adjust asset division and award spousal maintenance to compensate for lost earning potential.
If your spouse fails to provide financial documents or refuses negotiations, courts may issue legal orders compelling compliance. Judges may also penalize non-compliant spouses by awarding a larger share of assets to the other party.
Yes. If a valid prenuptial or postnuptial agreement exists, it may dictate how assets are divided. However, courts can invalidate unfair agreements that were signed under duress or fail to disclose all assets.
If you have primary custody of children, Illinois courts may grant you temporary possession of the marital home under 750 ILCS 5/602.7. Courts consider the best interests of children when deciding who stays in the home.
No. Child custody is determined based on the child’s best interests under 750 ILCS 5/602.7, not one parent’s financial advantage. However, courts may adjust child support obligations to reflect income differences.
Divorce can be overwhelming, especially when one spouse has a financial advantage. At Keller Legal Services, we are committed to protecting your financial future and ensuring fair treatment under Illinois divorce laws. If you are facing a high-asset divorce or are concerned about your financial security, we can help.
Contact our Naperville divorce lawyer at Keller Legal Services by calling 630-505-1515 to receive your free consultation. Our firm serves clients in Naperville, Aurora, and throughout Chicago, Illinois. Let us fight for the financial outcome you deserve.
