Law Offices of Robert M. Kaplan, P.C.
Schaumburg Family Law Attorney
We have moved to a new office at 1901 N. Roselle Road, Ste 800, Schaumburg, IL 60195
 If you have any questions about future appointments or our move, please give us a call at (847) 845-9477 or email us at rmkap@robertkaplanlaw.com

What are my rights during a divorce if I am unemployed?

Going through a divorce while unemployed can be challenging, but you have rights that can help protect your financial well-being. Here's what you need to know if you're facing a divorce in Schaumburg and are currently unemployed.

Spousal Support

You may be entitled to spousal support, especially if:

  • Stay-at-Home Spouse — If you were a stay-at-home spouse who financially relied on your partner, the court recognizes your contribution to the household. It may award spousal support to help you maintain your standard of living.
  • Limited Job Skills — If you have limited job skills or haven't worked in a long time due to the marriage, spousal support can provide financial assistance as you re-enter the workforce or seek additional training.
  • Length of the Marriage — The longer the marriage, the more likely the court will award spousal support, mainly if there's a significant income disparity between you and your spouse.

Unemployment

Your unemployment might be considered in several ways:

  • Earning Capacity Assessment — The court might assess your earning capacity to ensure fair property division, considering your ability to gain employment and potential future income.
  • Imputed Income — The court might impute income, estimating your potential earnings for spousal support calculations and potentially property division. This ensures that support payments are fair and reflect your ability to contribute financially.

Call our Schaumburg attorney for a consultation, and we'll gladly provide guidance. 

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