How Can Mental Illness Impact Divorce in Illinois?

 Posted on July 04, 2025 in Divorce

Mental illness can impact several components of divorce proceedings in Illinois. It may affect custody, spousal support, and even property division. If you have questions about how mental health might affect your divorce process, an experienced Illinois divorce lawyer can help. Mental illness can complicate divorce. For that reason, having someone to guide you and protect your rights is invaluable.

Can Mental Illness Impact the Allocation of Parental Responsibilities in Illinois?

Mental illness can directly influence how the court divides parental responsibilities. It depends on whether it affects the parent's ability to care for the child safely. Section 602.5 of the Illinois Marriage and Dissolution of Marriage Act says that courts must make these decisions based on what is best for the child. In doing so, they consider several factors, including the mental and physical health of all parties involved. Judges even order psychological evaluations to assess a parent’s fitness when mental health concerns arise.

As of July 2025, having a diagnosed mental illness does not automatically stop a parent from getting custody. However, if the illness poses a risk to the child’s welfare, the court may limit that parent’s responsibilities. The judge can also order supervised parenting time. Evidence from medical professionals and testimonies about the illness’s impact is often crucial in these decisions.

Will Mental Health Affect the Division of Marital Assets in Illinois?

Mental illness typically will not affect asset division during divorce in Illinois. Under 750 ILCS 5/503(d), courts divide assets and debts acquired during the marriage fairly. The court will consider things like your contributions to the estate and your financial wellness. Mental health may become relevant if it impacts a spouse’s ability to earn income or manage finances, but mental illness alone does not have a guaranteed impact on the division of property.

Would a Mentally Ill Spouse Be More Likely To Receive Spousal Maintenance in Illinois?

A spouse’s mental illness can be an important factor in awarding spousal maintenance, commonly known as alimony, in Illinois. According to Section 504(a) of the Marriage Act, the court considers several factors when determining the need for support. Physical and emotional health are among those factors.

If mental illness limits a spouse’s ability to work or become self-supporting, it may increase the likelihood of a maintenance award. However, keep in mind that the other spouse must have the ability to provide support. Additionally, how long you were married matters. Medical records and expert opinions can be useful evidence in these cases. The court needs to understand how mental health impacts the ability to earn a living. 

Speak With an Experienced Arlington Heights, IL Divorce Attorney

If you are facing divorce with mental health concerns, the Arlington Heights, IL divorce lawyers at A. Traub & Associates can help. We offer experienced legal insight and compassionate counsel. Facing complex issues like custody, property division, and spousal maintenance alone can be risky. Call 847-749-4182 today to schedule a free consultation with a team that understands the sensitivity of your situation.