The Confusing Concept of Maintaining the Status Quo during a Chicago Divorce Case

When it comes to divorce in Illinois, the term “status quo” refers to preserving the existing financial conditions until the final settlement. This includes paying bills and mortgage payments and addressing other financial obligations as they were before the divorce was initiated. This allows the divorce proceedings to remain focused on an equitable resolution rather than financial manipulation. It can also help minimize behaviors that lead to complex litigation, like excessive spending, withdrawal or transfer of funds, hiding assets, and more.

Why Courts Encourage Divorcing Couples to Maintain the Status Quo

Illinois law generally encourages parties in a divorce to maintain the status quo in regard to financial matters while a divorce is pending. The goal is to prevent one party from making any drastic change that could give them an unfair advantage, such as:

• Taking large sums from shared accounts.
• Canceling insurance policies.
• Failing to make major payments, such as a mortgage, when the funds are available.
• Running up debts on shared credit cards.

Maintaining the status quo by continuing to meet financial obligations also helps to protect both parties’ credit scores, which can be vital to establishing financial independence and stability post-divorce.

Courts will look unfavorably at any actions that are taken with the intention of disrupting the stability of the other spouse or the marital estate.

Why Preserving the Status Quo is Important for Asset Division

In Chicago, as with the rest of Illinois, both parties in a divorce are required to complete and share financial disclosures. These include comprehensive details about each person’s assets, debts, income, and expenses. These documents are foundational to the divorce process, providing transparency and enabling equitable division of property and determination of support obligations.

Keeping the status quo is essential to ensuring that these disclosures reflect an accurate picture of the couple’s finances. This is crucial for fair negotiations and court decisions.

Courts are tasked with dividing marital property fairly. This process can be complicated by disruptions to the couple’s financial status, potentially leading to an unfavorable settlement for one party.

How Can You Help Maintain the Status Quo?

• Joint accounts should be kept open and used as normal. Monitor them for any unusual activity or misuse.
• Household expenses such as the mortgage/rent, utilities, and insurance payments should be made.
• Communicate with your spouse about how these matters will be handled. Be sure to document all payments and transactions. This can serve as evidence if disputes arise.
• Consult a skilled divorce attorney early in the process. They can offer you guidance on what the status quo looks like in your situation and help you ensure that your actions will be legally compliant.

The Status Quo is Part of a Strategic Approach to Divorce

Preserving the status quo during a Chicago divorce is not just a legal requirement; it’s also part of a practical strategy to help encourage fairness and stability for both spouses. Adhering to this principle allows the divorce process to go more smoothly by ensuring that financial disclosures are accurate and that the final settlement is equitable.

The road to divorce is challenging, but with careful attention to maintaining financial stability and the right support, the journey can be less tumultuous. For help resolving tough legal matters, reach out to the experienced Chicago divorce attorneys of Ward Family Law for an initial. You can schedule directly with Jennifer Ward via email at jward@wardfamilylawchicago.com or via telephone at 312-262-5972.