What Can the Wife Claim in a Divorce in Illinois?

Divorce isn’t easy—for anyone. Whether you’re at the beginning stages of separation or knee-deep in paperwork, questions like “What am I entitled to?” are totally normal. If you’re a wife going through a divorce in Illinois, you may be wondering exactly what you can claim when it comes to property, finances, and family matters. And if you’re in the northwest suburbs, finding the best attorney in Schaumburg is key to navigating it all smoothly. Let’s break this down further.

Marital Property: What’s Yours (Together) is Yours (Together)

First things first—Illinois is an equitable distribution state. That means when a couple gets divorced, the court divides marital property fairly, but not necessarily equally. It’s not a straight 50/50 split like you may have seen in movies.
So, what counts as marital property? Here’s the gist:

• Assets and debts acquired during the marriage (house, cars, bank accounts, retirement funds)
• Business interests built during the marriage
• Increases in value of property during the marriage, even if it was initially owned by one spouse

Let’s say your spouse had a house before you got married, but during the marriage, you both paid into the mortgage and renovated it—that increase in value might be considered marital property.
>As a wife, you can claim a fair share of all marital property in Schaumburg, and a skilled divorce attorney in Illinois can help ensure everything is accounted for properly.

Spousal Support (Alimony): When One Spouse Needs a Boost

Spousal support, or maintenance as it’s called in Illinois, isn’t automatic, but it’s certainly something you can request.
Courts consider several factors, including:

• Each spouse’s income and needs
• The length of the marriage
• Your standard of living during the marriage
• Your ability to support yourself post-divorce
• Any sacrifices made during the marriage (like putting your career on hold to raise kids)

If you were a stay-at-home mom or left a job to support your spouse’s career, you might be entitled to maintenance—especially in longer marriages. The amount and duration of support are usually based on a formula, but the court can adjust it depending on the circumstances.
>This is where an attorney in from the best Schaumburg law firm really shines—advocating for your financial future and making sure nothing gets overlooked.

Child Custody and Support: The Kids Come First

>>>>>>>>>If you have children, there are two major issues to sort out: allocation of parental responsibilities (formerly known as custody) and parenting time (visitation).
Illinois law doesn’t favor one parent over the other based on gender. That means moms aren’t automatically given full custody anymore. Instead, the court decides what’s in the best interest of the child.
As a mother, you can absolutely seek:

• Primary decision-making authority (education, health, religion)
• The majority of parenting time (which often impacts child support)

Child support is typically paid by the non-residential parent and is based on both parents’ incomes and the amount of time the child spends with each. The money is meant to cover things like food, clothing, school supplies, and medical expenses.
>A good Schaumburg law firm will help create a parenting plan that works for your life and protects your children’s well-being.

Retirement Benefits and Pensions: Yes, You May Be Entitled

Many people are surprised to learn that pensions and retirement accounts can be divided in divorce. If your spouse has a 401(k), IRA, or pension plan, you may be entitled to a portion of what was earned during the marriage—even if it’s in their name.
This is often done using something called a Qualified Domestic Relations Order (QDRO). It’s a fancy term for a legal document that ensures you get your share without triggering tax penalties or early withdrawal fees.
>Having an experienced Schaumburg divorce attorney on your side is crucial here—these documents have to be worded just right to avoid costly mistakes.

Health Insurance and Other Considerations

If you were on your spouse’s health insurance during the marriage, that coverage typically ends with the divorce. However, you may be eligible for continued coverage under COBRA for a limited time (though you’ll have to pay the premium).
>Also, if you changed your name during marriage, you can legally request to restore your maiden name in the divorce decree.
Your Schaumburg law firm should walk you through these details so nothing slips through the cracks.

Final Thoughts: Don’t Go It Alone

Divorce in Illinois is overwhelming. But you’re not alone in this process. The best attorney in Schaumburg at Marder & Seidler will not only understand Illinois divorce law, but also take the time to understand your unique situation, goals, and concerns. Whether you’re fighting for a fair financial settlement, or parenting rights, our team will advocate for you with skill and compassion.
At Marder & Seidler, we’ve helped countless women just like you find clarity, confidence, and a path forward. Let us help you do the same. You are just a call away from a worrisome future- dial 847-985-6767 today!