As Chicago divorce attorneys, we’ve seen firsthand how shifting financial roles in a marriage can reshape power dynamics—and, in some cases, lead to divorce. A recent report from Divorce.com, based on U.S. Census data, reveals that women who are the primary earners in their households are divorcing at a significantly higher rate than women who are not. Though female breadwinners represent only 16% of all households, they account for 42% of divorces. This contrast raises important questions—not just about gender expectations, but about the legal realities these women face under Illinois law.
The numbers tell a clear story. In heterosexual marriages where the woman is the main income earner, the divorce rate is nearly three times higher than in households where the man earns more. That rate skyrockets in single-income families led by women, rising to more than double that of single-income male-earner families. Whether caused by financial strain, shifting emotional roles, or cultural expectations, the legal consequences of divorce are the same, and they deserve close attention.
Under Illinois law, income does not determine fault, but it does affect how courts divide assets and determine support. Illinois is an equitable distribution state under 750 ILCS 5/503, meaning marital property must be divided fairly, though not always equally. If a woman earns more, she may be at risk of paying a larger portion in property settlement or even spousal maintenance to her lower-earning spouse.
Courts consider many factors when dividing property or awarding maintenance, including:
Under 750 ILCS 5/504, spousal maintenance (alimony) is awarded based on a statutory formula for marriages of less than 20 years and by judicial discretion for longer marriages. Women who are the primary breadwinners often find themselves responsible for paying maintenance, especially if their spouse has been out of the workforce.
The shift in income dynamics also affects parenting and support arrangements. Illinois courts prioritize the best interests of the child under 750 ILCS 5/602.7, which includes factors like parental involvement, stability, and cooperation. A mother earning significantly more may not automatically receive more parenting time. In fact, her income may lead to higher child support obligations if she has less parenting time than the other parent.
Child support in Illinois is calculated based on an “income shares” model under 750 ILCS 5/505, meaning both parents’ incomes are factored into the support calculation. If the mother earns more, even if she has the majority of parenting time, she could still be ordered to contribute a larger share to the child’s expenses.
We understand that being the financial provider often comes with added stress and responsibility during divorce. It’s common for higher-earning women to feel that the law penalizes them for their success. While Illinois law does not discriminate based on gender, the practical outcomes often reflect traditional assumptions about finances and caregiving.
That’s why it’s so important to plan ahead. Strategic legal representation can help ensure that your financial contributions are acknowledged and your rights protected—whether that means negotiating a fair settlement, contesting spousal support, or securing a parenting plan that reflects the realities of your family life.
In Illinois, you have the same rights as any other spouse, regardless of income level. However, if you are the higher earner, you could be responsible for paying spousal maintenance and a greater share of marital debts or property division. The court will apply equitable distribution under 750 ILCS 5/503, which considers both spouses’ financial and non-financial contributions. If your spouse is unemployed or earns significantly less, the court may require you to pay temporary or permanent maintenance. This can be offset by demonstrating your spouse’s ability to work or highlighting their contributions to the marital estate.
It’s possible. Illinois uses an income shares model under 750 ILCS 5/505, which calculates child support based on both parents’ income and parenting time. Even if you are the custodial parent, if your income is much higher and your parenting time is not close to equal, the court may require you to contribute more. A strong parenting plan and a clear financial affidavit can help ensure a fair calculation.
Yes. Under 750 ILCS 10/4, Illinois allows couples to create prenuptial or postnuptial agreements that address spousal maintenance. If you expect to earn significantly more than your partner during the marriage, a prenup can protect you from being required to pay maintenance later. However, the agreement must be entered into voluntarily, be fair at the time of signing, and not be unconscionable at the time of enforcement.
The court looks at what serves the child’s best interests, not the parents’ income. Under 750 ILCS 5/602.7, factors include the child’s relationship with each parent, caregiving history, proximity of residences, and willingness to cooperate. Earning more does not automatically give or take away parenting time. However, the court may consider a parent’s work schedule and ability to meet the child’s daily needs when creating a parenting plan.
Yes, but it requires careful legal planning. If you built a business or acquired valuable professional assets during the marriage, they may be considered marital property. Under 750 ILCS 5/503, these assets may be subject to equitable division. However, it’s possible to argue for separate classification or protect future business income from division or maintenance calculations through expert valuation and structured settlements.
While we focus on legal outcomes, social and psychological factors also play a role. Studies suggest that traditional expectations around gender and income can create tension in marriages where the woman earns more. These pressures—combined with financial stress and imbalanced responsibilities—often lead to dissatisfaction. From a legal perspective, it’s important to know your rights and responsibilities, especially when you’ve been the primary earner.
If you’re a woman supporting your household financially and considering divorce, you need attorneys who understand how income, parenting, and asset division intersect under Illinois law. At Gordon & Perlut, LLC, we’re committed to helping you protect your future with smart, fair legal strategies.
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 arrange a free consultation. We represent clients throughout all of Illinois and are here to stand with you, every step of the way.