As experienced divorce attorneys practicing throughout Illinois, we have seen how divorce, especially during midlife, can feel like a major disruption to life as you know it. For many women in their 40s and 50s, the idea of starting over can seem overwhelming, particularly when children, finances, and decades of shared history are involved. However, a recent long-term study from Australia reveals something important: for many women, life satisfaction steadily improves in the years following a midlife divorce, often surpassing their previous levels of happiness. That shift is not just personal; it has real legal and practical implications for how you approach your divorce case in Illinois.
While the study was conducted overseas, the emotional patterns are universal. Women facing separation in midlife tend to struggle initially, but over time, they rebuild. Financial stability, strong support networks, and control over one’s choices contribute to this long-term boost in well-being. These same factors also intersect with the legal aspects of divorce under Illinois law.
In Illinois, divorce is governed by the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/). The law treats all divorcing spouses equally, regardless of gender. However, the realities of midlife divorce often involve unique legal questions around spousal maintenance, retirement assets, real property, and adult children.
When it comes to spousal maintenance (commonly called alimony), the court considers the length of the marriage, the age and health of each spouse, their earning capacity, and their standard of living during the marriage. For midlife women who may have paused their careers to raise children or support a spouse’s career, this factor is critical. Under 750 ILCS 5/504, maintenance can be ordered to help a financially dependent spouse rebuild after divorce.
Another key issue is the division of retirement accounts. Midlife divorce often involves splitting pensions, 401(k)s, IRAs, and other long-term investments. Illinois follows the principle of equitable distribution under 750 ILCS 5/503, meaning marital property is divided fairly, though not always equally. This includes contributions to retirement made during the marriage, even if only one spouse’s name is on the account.
Marital homes and real property are also central to midlife divorces. Whether one spouse will keep the home or it will be sold depends on both financial feasibility and the parties’ agreements. Courts look at contributions to mortgage payments, upkeep, and the overall value of the asset.
Finally, for midlife women with adult children, there may be fewer child custody disputes, but ongoing issues like college expenses, health insurance, and support agreements still apply. Illinois courts may order both parties to contribute to higher education costs under 750 ILCS 5/513.
The Australian study found that many women experienced increased well-being within three to four years of divorce, especially those who exited high-conflict relationships. That’s a powerful reminder: emotional clarity and legal strategy often go hand in hand. Women who feel supported, both legally and socially, are more likely to emerge from divorce with confidence and a plan for the future.
When we work with midlife women, we often help them reframe the divorce process as an opportunity to regain financial independence, restructure their lives, and protect what they’ve worked so hard to build. The law gives us the tools, but your mindset and goals shape how we use them.
We also emphasize the importance of realistic outcomes. If a spouse has relied on another for income, spousal support may be critical. If retirement is close, preserving long-term financial stability becomes a top priority. These are not just financial issues, they impact your ability to thrive in the years ahead.
Women have the same legal rights as men during a divorce under Illinois law. This includes the right to a fair division of marital property, potential spousal maintenance, and access to retirement accounts or pensions earned during the marriage. Courts look at each spouse’s contributions, financial and non-financial, when dividing assets.
Yes. Under 750 ILCS 5/504, courts consider whether a spouse sacrificed career advancement to raise children or support a household. Maintenance is often awarded in long-term marriages to help one spouse maintain a reasonable standard of living or gain financial independence.
No. Retirement accounts are considered marital property if contributions were made during the marriage. Under 750 ILCS 5/503, the court can order the division of pensions, 401(k)s, and IRAs. These assets can be divided using a Qualified Domestic Relations Order (QDRO), even if your name isn’t on the account.
Keeping the home is possible if you can afford to buy out your spouse’s interest or offset it with other assets. The court evaluates whether it’s financially reasonable and fair. Emotional attachment to the home is understandable, but financial stability must come first.
No. Illinois is a no-fault divorce state. Under 750 ILCS 5/401(a), the only ground for divorce is “irreconcilable differences,” meaning the marriage has broken down beyond repair. Neither party needs to prove wrongdoing.
Studies suggest that many women experience relief and increased happiness after leaving high-stress relationships. Emotional recovery varies by person, but having strong support and legal guidance can reduce the long-term impact of divorce.
The timeline depends on the complexity of the case. Uncontested divorces may be resolved in a few months, while high-asset or contested cases can take a year or more. Delays may arise from property valuation, discovery, or negotiation of terms.
While custody isn’t an issue for adult children, courts may order parents to contribute to college costs under 750 ILCS 5/513. Agreements may also include health insurance or financial assistance, depending on the child’s circumstances.
Many women report a gradual return to happiness after divorce, especially when leaving a stressful or emotionally draining relationship. Financial security, support networks, and control over your future all contribute to well-being over time.
Yes. Divorce at this stage involves property, retirement, and potential spousal support. An attorney ensures your rights are protected and helps you plan for long-term stability.
At Gordon & Perlut, LLC, we have helped countless women in midlife reclaim control of their lives through strategic, compassionate legal representation. If you’re considering divorce or already going through it, our team is here to support you at every step.
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 across all of Illinois and are ready to discuss your goals, protect your future, and help you move forward with confidence.