As family law attorneys in Chicago, we’ve worked with many first responders, including firefighters, who face unique challenges in marriage and divorce. A recent national study confirms what many have long suspected—female firefighters experience significantly higher divorce rates than the general population. In contrast, male firefighters are slightly less likely to divorce than their non-firefighting peers. While statistics alone can’t predict the outcome of a specific marriage, the numbers do reveal important stressors that firefighters and their families face—and how those pressures can affect divorce proceedings here in Illinois.
We understand that a career in the fire service often means long shifts, unpredictable hours, and the emotional toll of responding to life-threatening emergencies. These factors strain even the strongest relationships. When divorce becomes a reality, understanding your legal rights and responsibilities under Illinois law is essential, especially if you’re a firefighter or married to one.
The study, based on data from over 1,400 firefighters across 31 departments, found that while 11.8% of male firefighters were divorced, female firefighters had a divorce rate of 32.1%. That’s nearly triple. Factors may include workplace dynamics, stress, lack of spousal support, and role expectations, particularly for women working in male-dominated fields like firefighting. Regardless of the cause, these rates raise important legal concerns when divorce occurs.
In Illinois, all divorces follow a no-fault model under 750 ILCS 5/401(a), meaning a couple only needs to show irreconcilable differences. However, the court can—and often does—consider the realities of a person’s job when evaluating child custody, parenting time, and financial obligations.
A firefighter’s unpredictable schedule can complicate shared parenting plans under 750 ILCS 5/602.7, which governs the allocation of parenting time. Courts consider each parent’s ability to meet the child’s needs, including how a parent’s work schedule affects availability. This means firefighters, particularly those with 24-hour shifts or rotating schedules, must present well-prepared parenting plans to show they can remain actively involved.
Firefighters typically earn pensions through the Illinois Municipal Retirement Fund (IMRF) or a local fire pension system. Under 750 ILCS 5/503, these pensions are considered marital property if earned during the marriage. Even if the pension is not yet being paid out, it can be divided between spouses in a divorce. This requires a Qualified Illinois Domestic Relations Order (QILDRO), a court order used to allocate retirement benefits between parties.
For firefighters who remarried after a prior divorce, as the study also noted, prior support orders and pension division agreements can influence new support calculations.
The Illinois guidelines for spousal support (maintenance) are outlined in 750 ILCS 5/504. A firefighter’s income, including overtime and hazard pay, can factor into both spousal and child support calculations. However, because income in this profession can fluctuate, it’s essential to present accurate financial records and argue for reasonable projections, especially if income varies seasonally or by assignment.
For child support, Illinois follows an income-shares model under 750 ILCS 5/505, which means both parents’ incomes are used to calculate the amount of support. Again, overtime pay and secondary jobs—common among firefighters—may be included, which can raise questions during financial discovery.
Firefighting is one of the most mentally and emotionally demanding careers. Courts recognize the emotional impact on both the firefighters and the children involved. When custody is disputed, mental health evaluations or parental fitness may come into play. We have helped clients demonstrate their emotional readiness to parent—even in a stressful career field—by presenting testimony, records, and character witnesses.
Whether you are a firefighter or the spouse of one, it’s important to work with attorneys who understand how your career affects custody, support, and property division. Divorce is hard on any family, but the legal system allows you to protect your time with your children, your retirement, and your rights if you take the right steps early.
Yes. Under 750 ILCS 5/602.7, the court considers each parent’s availability, stability, and ability to care for the child when allocating parenting time. Firefighters often work 24-hour shifts, which means schedules must be carefully outlined in any proposed parenting plan. If your schedule makes consistent parenting time difficult, you may need to demonstrate flexibility and support systems that ensure your child’s needs are met.
Pensions earned during the marriage are considered marital property under 750 ILCS 5/503 and may be divided. A special court order known as a QILDRO is required to divide a firefighter pension. If a firefighter has years of service both before and during the marriage, the court will usually divide only the marital portion. Accurate pension valuations are essential.
Often, yes. Illinois courts consider gross income from all sources under 750 ILCS 5/505 when calculating child support. If your overtime is consistent and predictable, it may be factored in. If it’s sporadic or mandatory, your attorney can argue for excluding or adjusting that income to reflect your true earning capacity.
Spousal support is governed by 750 ILCS 5/504. Courts consider the firefighter’s income, the length of the marriage, and the financial needs of both spouses. Because firefighters often earn substantial overtime or hazard pay, it’s crucial to determine a fair and realistic support obligation, especially if income fluctuates.
Illinois courts review existing child support and spousal support obligations when calculating new ones. If a firefighter has already been divorced, prior support orders will affect future proceedings. The court cannot order support beyond what the law allows, but multiple obligations can complicate calculations and budgeting.
According to the 2025 study, yes. Female firefighters had a divorce rate of 32.1%, much higher than the general population and male firefighters. This may reflect job stress, work-life balance issues, or social expectations. These stressors should be addressed during divorce negotiations to ensure fair parenting and financial arrangements.
Yes. The court can consider any factor affecting a parent’s ability to care for their child, including work-related stress or trauma. If mental health is raised in court, a psychological evaluation may be ordered. We’ve helped many firefighter clients show that, despite stress, they are capable, loving parents.
Yes. Under 750 ILCS 5/610.5, a parenting plan can be modified if there’s a substantial change in circumstances. A new assignment, promotion, or change in shift schedule may qualify. We can file a petition for modification on your behalf if it’s in the best interest of your child.
Possibly. If there is no order of protection or criminal charge, your rights to possess a firearm may not be affected. However, if there are allegations of domestic violence, the court may restrict firearm access during the proceedings. We take steps to preserve your professional needs while addressing the court’s concerns.
Absolutely. The demands of the fire service affect custody, finances, and property division. Working with attorneys who understand how your job impacts your divorce can make a significant difference in protecting your rights, your parenting time, and your financial future.
At Gordon & Perlut, LLC, we understand the unique family law issues faced by Illinois firefighters and their families. Whether you are just beginning the divorce process or need help modifying a parenting plan, we are ready to help protect what matters most—your children, your pension, and your future.
If you are a firefighter or married to one and considering divorce, call Gordon & Perlut, LLC today. We offer free phone consultations and represent clients throughout Illinois. If you’re facing divorce, contact our Chicago divorce lawyers at our Chicago office at 312-360-0250 or our Skokie office at 847-329-0101 to schedule a free consultation. Speak with a family law attorney who understands your concerns and can help you move forward.