Will Self-Employment Affect My Divorce in Illinois?

 Posted on June 07,2024 in Divorce

When you file for divorce in Illinois, it is not only your marriage that comes under scrutiny. If your divorce is contested — meaning you and your spouse do not agree on something related to the divorce — then many details about your life will be looked at by a court. These might include the assets and property you own, your debts, a criminal record if you have one, your income, and your employment status, to name a few.

This can make the process slightly more complicated for spouses who are self-employed, which is why a self-employed spouse should consult a competent divorce attorney about what to expect throughout the legal process.

What Types of Self-Employment Are There?

If you are self-employed, it means that you work for yourself. This can take one of several forms:

• You work in the gig economy, such as a rideshare driver.
• You own a business.
• You are a freelance worker.
• You are an independent contractor.

In many cases of self-employment, income is harder to evaluate. This can make certain areas of the divorce process a bit more complex.

Family Maintenance

Family maintenance refers to child support and spousal support payments, also known as alimony. When a court decides who should pay family maintenance and how much, the judge looks at several factors, such as:

• Each spouse’s income
• Each spouse’s future earning potential
• Each spouse’s employment status
• Each spouse’s financial needs
• Which spouse has child custody
• The duration of the marriage
• The standard of living during the marriage
• The child’s needs

The judge will primarily base his or her decision on factors related to your and your spouse’s income. If you are both employees, then your income is usually much easier to calculate. But if either of you is self-employed, this can be a more complicated task. If your income is particularly unsteady, the judge might also take that into account.

Property Division

Self-employment can also affect a part of the divorce process known as property division or asset division. This is where spouses divide what Illinois law calls marital property, which refers to assets that belong to both spouses. Usually, these are assets that have been acquired by either spouse during the marriage.

If you or your spouse own a business, property division becomes more complex. If both spouses are entitled to the business — which is often the case — the business needs to be evaluated before it is divided. This is usually done with the help of a forensic accountant.

Contact an Aurora, IL Divorce Attorney

Self-employment does not affect the outcome of the divorce process, but it can make it more difficult. A DuPage County, Illinois divorce lawyer, however, can help simplify the legal procedure. If you are going through a divorce and you or your spouse is self-employed, reach out to the The Law Office of Matthew M. Williams, P.C.. I will make sure your divorce process is as simple and smooth as possible regardless of your employment status, as I have done for many satisfied clients. Call 630-409-8184 for a consultation and to start simplifying your divorce today.