As experienced Chicago divorce attorneys, we know that divorce in midlife often comes with fear and uncertainty, especially for women. The assumption that women in their 40s and 50s face nothing but struggle after divorce is deeply ingrained. But new research offers encouraging insight: midlife divorce may be difficult in the short term, but for many women, happiness levels not only recover, they surpass what they experienced during the marriage. While no two divorces are the same, and Illinois law brings specific legal and financial realities, a new study shows that the future is not necessarily bleak. It can be a fresh start.
At Gordon & Perlut, LLC, we work with many women going through midlife divorce. Often, they’re worried about financial security, property rights, and parenting time. These are valid concerns—and they’re governed by specific Illinois laws that deserve thoughtful attention. But what the South Australian study reveals is that long-term happiness is often still achievable, even when the short-term outlook feels uncertain.
In Illinois, the law supports equitable—not equal—distribution of marital property. Under 750 ILCS 5/503, the court considers many factors when dividing assets, such as the length of the marriage, contributions to the marriage (including as a homemaker), and each party’s future earning potential. For many midlife women who have spent years raising children or supporting a spouse’s career, this statute can help ensure a fair outcome when it comes to dividing real estate, retirement accounts, or business interests.
When it comes to spousal maintenance (alimony), 750 ILCS 5/504 guides whether and how much one spouse may owe the other after divorce. Maintenance may be especially relevant in midlife divorces where one spouse has been financially dependent for many years. Illinois courts use a formula to determine support, but they also have discretion based on circumstances like age, health, and income disparity.
Many women divorcing in their late 40s or early 50s still have children at home. Illinois law does not use the term “custody” anymore but refers to allocation of parental responsibilities under 750 ILCS 5/602.5 and 750 ILCS 5/602.7. Courts make decisions based on the child’s best interests, considering each parent’s involvement and ability to cooperate.
One encouraging point from the study is that women with children did not report significantly lower happiness levels post-divorce. That suggests strong parenting plans, legal support, and a focus on stability can lead to healthy outcomes for both parents and children.
While the law handles the formal parts of divorce, rebuilding happiness also requires strong support systems. Women who reported a strong sense of control, access to social support, and satisfaction with their financial situation experienced faster recoveries. That lines up with our real-world experience—when our clients have access to reliable advice, advocacy, and a clear legal strategy, they make better long-term decisions and regain confidence more quickly.
The study from the University of South Australia echoes what we see every day in our practice. Midlife divorce is challenging—but it’s also a moment of transition that often leads to a stronger, more independent chapter of life. The law offers tools to protect your financial well-being, secure your parenting rights, and move forward.
We believe that with the right legal guidance, the end of a marriage does not mean the end of fulfillment, financial security, or purpose. It can mark the beginning of a new, more satisfying phase of life.
Yes. Under Illinois law, the length of the marriage plays a major role in determining how property is divided and whether spousal maintenance is awarded. In longer marriages—especially over 10 years—the court is more likely to award maintenance, particularly when one spouse gave up career opportunities to care for the home or raise children. This is outlined in 750 ILCS 5/504, which also considers the standard of living during the marriage and the time needed to become self-supporting.
Yes. Maintenance in Illinois is not age-restricted. Courts look at income, health, employment history, and need. For women over 50 who may not have worked full time in years, the court may find maintenance appropriate to help transition into post-divorce life. Permanent maintenance is rare but may be ordered in marriages of long duration where one spouse has limited earning ability.
Retirement accounts accumulated during the marriage are considered marital property and are subject to division under 750 ILCS 5/503. That includes 401(k)s, pensions, and IRAs. Qualified Domestic Relations Orders (QDROs) are often used to divide retirement assets without early withdrawal penalties. This helps protect the financial future of spouses who may not have been the primary earners during the marriage.
Illinois courts recognize non-financial contributions to a marriage. If you stayed home to raise children, that’s a major factor in how property and support are decided. You may be entitled to maintenance, a larger share of marital property, or both. Your attorney can make sure the court understands the full scope of your contributions.
Yes, especially over time. The study we referenced shows that many women experience increased happiness in the years following divorce, even if the short-term transition is hard. We’ve seen this firsthand—when women take legal control of their situation and plan for the future, it often leads to personal growth and greater life satisfaction.
Illinois law requires that parenting time and parental responsibilities be allocated based on the child’s best interests. Your voice matters in this process. Even if you weren’t the primary breadwinner, your parenting time and input are not diminished. The court will look at involvement, history of caregiving, and each parent’s ability to meet the child’s needs.
Sometimes. If the home is marital property, it can be awarded to one spouse through negotiation or court order. Factors include whether minor children are living there, each spouse’s ability to afford the home, and how the rest of the assets are divided. We often help clients determine whether keeping the home is financially practical and legally sound.
Possibly, depending on your coverage. If you were on your spouse’s employer-sponsored plan, you might be eligible for COBRA coverage for a limited time. Otherwise, you’ll need to secure your own plan. In some cases, temporary maintenance awards can include costs for health insurance until a longer-term solution is arranged.
Yes, especially when you’re close to retirement. You’ll want to review all pension benefits, 401(k)s, and other retirement accounts. Illinois law allows for fair division, but that doesn’t mean everything is split 50/50. We help clients understand their rights and negotiate or litigate for the best possible outcomes as they near retirement.
Having the right legal guidance helps ensure you don’t overlook critical issues like maintenance eligibility, tax consequences, asset valuation, or long-term financial planning. The decisions you make during divorce can affect the next 20 years of your life. We make sure your rights are protected from the beginning.
At Gordon & Perlut, LLC, we’ve helped many women secure a better future after a midlife divorce. You don’t have to go through it alone. We work closely with our clients to protect their finances, secure fair support, and safeguard their parental rights.
We’re ready to help you take control of your future. 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 free consultation. We represent clients throughout Illinois and are here to protect your rights and your future.