Delaying Divorce can be Risky – Understand the Risks

It is good to be prepared for divorce but delaying divorce, especially for an extended period, is fraught with risk. Once spouses have mentioned the possibility of divorcing, delaying it can provide a spouse with the opportunity to strengthen his or her legal and financial position to the detriment of the other spouse.

This can mean transferring cash and assets, making large purchases such as luxury cars, running up debt, and reducing or eliminating income.

One risk that many people do not think about is the risk that a spouse may become unemployed or develop a mental health or physical condition that creates or increases the need for maintenance (commonly referred to as “alimony”).

The strain of prolonging the uncertainty of whether a divorce will happen can create or worsen anxiety, depression and addictions. Over time a spouse may find that his or her depression, bad back, or any number of other conditions prevents or greatly reduces the ability to work or earn sufficient income.

One of the 12 factors courts consider in Illinois divorce cases is the “physical and emotional condition of both parties”. 750 ILCS 5/504(a)(8).

These are just some of the risks that exist when divorce is delayed. 

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If you are looking for legal advice and representation with an Illinois divorce, schedule a consultation with experienced Chicago divorce attorney, Tanya Witt, at (312) 500-5400 or

Representing men and women in Chicago divorce and child custody cases.

This blog does not constitute legal advice. Please consult with an attorney regarding your specific case.