As Illinois divorce attorneys, we work with clients facing a wide range of circumstances. One of the more difficult situations we see is when a marriage breaks down during or after a serious health diagnosis. While every relationship is different, recent studies have shown a troubling pattern: marriages are significantly more likely to end when the wife is the partner facing a serious illness. For many families, the combination of emotional stress, caregiving responsibilities, and shifting family dynamics during illness can bring existing issues to the surface or make it harder to maintain the relationship.
A well-known study published in the journal Cancer revealed that the rate of separation or divorce was 20.8% when the wife was the patient, compared to just 2.9% when the husband was the patient. These findings reflect broader societal patterns related to caregiving, emotional support, and marital expectations. As divorce attorneys, we understand the legal and emotional impact this can have on both spouses, especially when one is also managing a major medical diagnosis.
Why Gender Disparity Exists In Health-Related Divorce Cases
One reason researchers suggest this disparity exists is the traditional expectation that women are more willing and equipped to assume caregiving roles, even when their partner is seriously ill. Men, on the other hand, may find it more difficult to commit to the level of care and household responsibility required when their spouse is sick. This can lead to tension, resentment, or even abandonment at a time when support is most needed.
From our perspective, it is critical for anyone facing a serious illness and contemplating divorce to understand their legal rights and options. We’ve seen how medical stress can influence everything from financial decisions to custody arrangements and long-term planning.
Illinois Divorce Law And Serious Illness
Illinois follows a no-fault divorce system under the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/401). This means that the court does not assign blame to either spouse for the breakdown of the marriage. However, illness can still be a relevant factor in other areas of divorce, particularly when determining spousal maintenance and property division.
Under 750 ILCS 5/504, a court may consider a spouse’s physical and emotional condition when deciding whether to award spousal support. If illness limits a spouse’s ability to work, maintain independence, or cover medical expenses, the court can order financial assistance through maintenance.
Financial Impact And Property Division
Medical costs, treatment plans, and reduced earning capacity can all influence how the court views equitable property division under 750 ILCS 5/503. The goal is to ensure that both spouses leave the marriage on stable financial ground. If one party is living with a chronic or life-threatening condition, that can affect decisions about asset distribution, retirement accounts, and debts.
We work closely with clients and financial professionals to protect the long-term interests of our clients, particularly those managing serious health issues during the divorce process.
Custody And Parental Responsibilities
When children are involved, illness can complicate discussions about parenting time and decision-making responsibilities. Courts in Illinois prioritize the best interests of the child under 750 ILCS 5/602.5 and 5/602.7. If one parent’s illness impacts their ability to provide care, the parenting plan may need to reflect that reality, while still preserving meaningful time and relationships.
That said, an illness does not automatically disqualify a parent from custody. Many parents with health conditions are capable of providing love, guidance, and structure with the right support systems in place.
Proactive Planning Can Reduce Legal Conflict
The stress of illness can be overwhelming, but planning ahead can make a significant difference. Legal protections like powers of attorney, updated wills, and trust arrangements can clarify your wishes and reduce disputes later. For clients considering divorce while undergoing treatment, we recommend establishing a strong legal and financial strategy early in the process.
If there are signs of marital breakdown during a medical crisis, it’s important to get legal guidance before making permanent decisions. Doing so helps ensure your health, financial security, and parental rights are respected.
Illinois Divorce Frequently Asked Questions
Can I Still Get Spousal Support In Illinois If I Am Too Sick To Work?
Illinois law allows the court to consider your physical condition and ability to support yourself when deciding whether to award spousal maintenance. If your illness prevents you from earning a living, the court may award financial support based on need and your spouse’s ability to payand various other factors under the law.
Does A Spouse’s Illness Affect How Assets Are Divided In Divorce?
It can. Illinois courts divide marital property equitably, not equally. If one spouse has a significant illness that impacts their financial future, the court may award them a larger portion of the marital assets or more favorable terms to account for medical needs and lost income.
Can My Illness Be Used Against Me In A Custody Dispute?
Not automatically. The court looks at the best interests of the child. If your illness does not interfere with your ability to parent, you can still be awarded parenting time or decision-making responsibilities. The court may tailor the parenting plan to accommodate your health needs.
What Happens If My Spouse Wants A Divorce While I’m Undergoing Treatment?
It. Depends. We can file a motion to bring it to the Judge’s attention and seek relief from the Judge. The Judge has the discretion to allow accommodations to protect your health and ensure your voice is heard throughout the process. But we cannot guarantee it.
Should I Tell The Court About My Illness During The Divorce?
Yes. It is never a good idea to withhold pertinent facts from the Judge.. If your medical condition affects your income, caregiving ability, or financial needs, this needs to be shared with the Court. A serious illness may alter how the Judge wants to approach a particular case. Providing documentation helps the court make fair decisions on spousal support, asset division, and custody. The Court cannot make informed decisions if it does not have all the facts. Moreover, withholding pertinent facts such as a serious illness from the Court may cause the Court to question your credibility.
Call SBK Law Group For Trusted Divorce Guidance In Difficult Times
If you are facing divorce in the midst of a medical crisis, you do not have to go through it alone. At SBK Law Group, we are committed to protecting your rights, health, and future. We provide thoughtful legal strategies tailored to your needs and challenges.
Contact our divorce lawyer in Downers Grove at SBK Law Group by calling 630-427-4407 to receive your free consultation. Our firm represents clients in Downers Grove and throughout Chicago.
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