What are the Biggest Risks if You are the Higher Earner in a High-Asset Illinois Divorce?

 Posted on February 06, 2026 in Asset Division

If you are the primary breadwinner in your marriage, divorce can feel especially threatening to your finances. You might have heard horror stories about someone getting taken for everything they’re worth by their spouse in a messy divorce.

These fears aren’t totally unfounded. High-asset divorces involve complicated financial issues that can affect your wealth and security for a long time to come. If you are going through a high-asset divorce in 2026, a Kane County divorce lawyer can help.

Will I Have to Pay Spousal Maintenance?

As the higher-earning spouse, you may have to pay alimony or spousal maintenance. The way the court decides how much spousal maintenance you will pay depends on your total income and how long you have been married. For couples with a combined income under $500,000, Illinois uses a standard formula.

However, if your income exceeds $500,000 or you already pay child support from a previous marriage, courts have more options. They will look at factors like both spouses’ needs, how much each spouse can earn, the standard of living during the marriage, and marriage length to decide how much spousal support you owe.

How Does "Equitable Distribution" Work Against Higher Earners?

Illinois follows equitable distribution, not equal distribution. This means that courts divide marital property in "just portions" based on fairness, not a 50-50 split.

The court looks at 12 "statutory factors" when making decisions about marital property:

• Each spouse's contributions
• Whether a spouse has wasted or hidden marital assets (dissipation of property)
• Marriage length
• Age
• Employability of spouses
• Custodial arrangements for children
• Earning potential of spouses
• Tax consequences

As the higher earner, these factors often work against you. A spouse who stayed home to raise children or support your career may receive a larger share to make up for lost earning opportunities.

Will My Spouse Take a Big Share of My Business?

If you own a business that started or grew during your marriage, it is probably considered marital property under 750 ILCS 5/503. Your spouse may be given a large portion of the value, even if they were never technically employed by the business.

Courts look at the "fair market value" of businesses in divorce to decide how much each spouse is owed. They will look at financial statements, revenue, assets, and liabilities to decide what fair market value is. Your spouse's contributions matter here, even if they were not monetary. If your spouse supported your career by managing the household, raising children, or doing unpaid business work, the court takes that into account.

Usually, you will be able to keep the business, but you will likely need to offset your spouse's share with other marital assets. If you do not have other assets, you might face selling the business or taking on debt to buy out your spouse's interest.

What If My Spouse Is Lying About How Much I'm Worth to Get More Support?

Some lower-earning spouses may try to inflate the value of your business or claim you are hiding income. Others might argue that assets you think are separate property should be considered marital property.

In these cases, you may need a Certified Financial Litigator to verify asset values, trace funds, and show which assets are marital versus non-marital property.

Can I Protect Myself From Unfair Property Division?

If you are worried about an unfair division of your assets in a divorce, you need to act strategically. Make detailed financial records showing which assets were acquired before marriage, through inheritance, or through gifts. Keep a clear separation between these and marital funds. Prenuptial or postnuptial agreements can also protect your interests if you have them. 

You also need to start thinking through the implications of divorce in other areas of your life besides assets. For example, the tax consequences of property division can be substantial. Likewise, certain transfers of assets can trigger capital gains taxes or other financial consequences. If you have minor children, you need to think about which of you will claim the child tax credit. Your divorce attorney can help you carefully think through all of these issues. 

Call a St. Charles Divorce Lawyer Today

High-asset divorces need careful planning and execution because of the high financial stakes. At Weiler & Associates, P.C., Attorney Weiler is a Certified Financial Litigator with specific experience helping litigate or settle very complex financial matters in divorce. Contact a Kane County high-asset divorce attorney at 630-331-9110 today for your initial consultation.