The Most Common Divorce Misconceptions

Regardless if you’re the one asking for the divorce or not, the process of separating is challenging in many facets. Obviously, the emotional toll of divorce is arguably the worst part, as a divorce is often preceded by hurt. The process of divorce can be intensely stressful at times because you must figure out what the next chapter in your life looks like. The majority of this stress stems from concerning oneself with finances, property, and, if applicable, children.

A divorce undoubtedly forces individuals to make difficult life decisions, but those decisions are too often based on fear or preconceived notions. Of course, before making any major decision or signing any documents, you must consult with an attorney, but that’s not all. You should also perform research to better understand your state’s divorce laws. Before you begin this research, however, you should understand the most common divorce misconceptions. Clarifying these misconceptions will make the divorce process easier for you, as it’ll set your expectations in the right place from the beginning. Luckily, you don’t have to hunt these misconceptions down yourself—we break them down in our comprehensive guide below. Read on to learn more.

All Assets and Debts Are Split 50-50

Arguably, the biggest misconception on this list is that you will split all assets and debts with your ex evenly. There’s no clear-cut answer to this misconception because the result is different in every divorce and varies by state. That said, most courts do their best to divide assets and debts fairly, which can result in a variety of splits. Illinois law follows an equitable division principle, which means the state may choose to split assets 80-20, 70-30, or any other variation, though it rarely amounts to 50-50.

There are many factors the state takes into consideration when splitting assets and debts. Many judges will consider the timeline of incurred assets and debts. For instance, if your spouse accepted student loans to further their education before the marriage, the judge will likely rule that your spouse is solely responsible for repayment. Note that the previous scenario doesn’t apply to everyone, so you’ll need to communicate with your attorney to better understand the terms and conditions of your divorce.

Only Women Receive Alimony

Although it’s historically true that women typically received alimony, it’s not always the case anymore. In the past, women often stayed home to care for the house and children, and alimony often covered the money they otherwise wouldn’t have. Thankfully, women are stronger in the workforce than ever before, which shifted common alimony rulings. Nowadays, either spouse could receive alimony, or neither could at all. As with all judge rulings, there are many factors that impact alimony, including an individual’s age and income.

It’s Better to Make the Marriage Work If You Have Kids

You’ve probably been told you should try to make the marriage work, especially if you have children. While we agree that divorce should be a last resort, we also understand that divorce is the best decision for certain couples. You’re probably asking, “Shouldn’t kids have a marriage to look up to?” The answer is yes and no. Children look at their parent’s marriage and assume that’s how marriage should be. In other words, if you and your spouse are always fighting and stonewalling, you’re doing more harm than good for your kids’ future. Even if you don’t have kids, separation may be the best decision for your own health and happiness.