Category: LGBTQ
11.24.24
Category: Family Law
Written by Jessica Kibbe on 3.5.25
How family law supports and empowers women, from divorce rights to orders of protection.
March is Women’s History Month, a time to celebrate the progress made in advancing gender equality and to reflect on the strides women have made in every facet of society. While many women today suffer in abusive family situations, Illinois law offers a framework that helps women regain autonomy, secure financial independence, and ensure the well-being of their children. As family law practitioners, the attorneys of O. Long Law, LLC, are fierce advocates for our clients. We are passionate about the work we do, and we are proud of the ways in which our advocacy helps to empower and protect our clients in divorce proceedings, child custody and support cases, and domestic violence cases.
Family law gives women the legal tools to end unhealthy or untenable marriages. Divorce can be an overwhelming and stressful experience; to some people it can feel like an impossible task merely to begin. Finding an experienced Chicago divorce attorney is the key to unlocking that first step. If you feel trapped in your marriage, the law provides you a path to freedom.
Oftentimes, there exists a disparity in financial power between the spouses in a marriage. This can make the prospect of divorce even more daunting to the lesser-earning spouse, who, statistically speaking, is most often a woman. Her spouse may control the family’s finances, and she may have limited access to funds. Here are some ways that the legal process of divorce can provide a path to financial independence for women in this situation.
Illinois law ensures that every spouse has access to an equitable division of marital property in divorce. ‘Equitable’ does not mean ‘equal’ under the law. That means that the marital assets will not necessarily be divided down the middle, 50/50. If one spouse vastly outearns the other spouse, or financial abuse has occurred, for example, the lesser-earning spouse may be awarded a larger portion of the marital estate to make up for that disparity.
Illinois law also allows the lesser-earning spouse to ask the court to have the high-earning spouse contribute to their attorneys’ fees in order to “level the playing field.”
Spousal maintenance, spousal support, and alimony are all the exact same thing under Illinois law. When one spouse earns a lot less than the other, they can request spousal support (formerly known as alimony) to support themselves after the marriage ends. This will typically be granted in the form of a monthly payment to last a certain number of months, depending on the length of the marriage.
Consider, for example a woman whose spouse had used financial control as a form of abuse, limiting her access to funds during their marriage. She was bullied into leaving the workforce to care for the couple’s children, and now she has not worked outside the home in over ten years. Through the process of divorce, she will receive her fair share of the marital property, including savings, brokerage accounts, and a portion of her spouse’s retirement assets, which she never had direct access to before. She will also be eligible to receive spousal maintenance every month for a more than four years (pursuant to statute), which will enable her to go back to school and find a well-paying job to support herself as she builds a new life for her family.
In Illinois, the law requires a parent provide financial support for their child. A single woman raising children, whether she is divorced or never married, can seek out financial support for those children from their coparent, with the help of a family law attorney. Court-ordered child support is intended to cover essential costs of living for the children, such as food, clothing, and shelter. The court can also order a coparent to contribute to the minor children’s other expenses, such as healthcare, childcare, medical insurance, and extracurricular activities.
While women are not the only victims of domestic violence, they make up the vast majority of survivors of abuse. Domestic violence is a tragic reality for many women and their children, and family law plays an essential role in offering them protection. Survivors of domestic violence can ask the court for orders of protection, which can help them secure immediate safety and relief from abusive partners or family members.
Under Illinois law, an order of protection can legally require an abuser to stay away from the survivor, her children, and other family members. The order can remove the abuser from the family home, prevent any and all contact between the abuser and the survivor (phone calls, texts, emails, sending messages through third parties, etc.), and even eliminate the abuser’s parenting time. An order of protection can require the abuser to stay away from the survivor’s place of work and the children’s schools. The Illinois Domestic Violence Act (750 ILCS 60) provides clear guidelines on how victims of domestic violence can access these protections.
Family courts in Illinois increasingly recognize the broad spectrum of domestic abuse, including not just physical violence, but also emotional, psychological, and financial abuse. Women who are not physically harmed but who are nonetheless controlled or manipulated in other ways can also seek legal protections as described above.
Family law plays a critical role in empowering women by offering a variety of legal rights and protections. Whether through divorce, child support orders, or orders of protection, family law attorneys help women navigate complex legal situations and ensure their rights are upheld and their best interests are looked after every step of the way.
As we celebrate Women’s History Month, it is important to reflect on the progress we have made and continue advocating for the full implementation of family law protections to ensure that all women, regardless of background or circumstance, are able to live free from abuse and fully empowered by the legal system. The skilled and compassionate family law attorneys of O. Long, LLC, are proud to offer support and advocacy to women across Chicagoland. Reach out today to schedule your consultation.